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2014 Supreme(Kar) 718

MOHAN M.SHANTANAGOUDAR
Managing Director Karnataka State Road Transort Corporation – Appellant
Versus
Jayalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellants:R.I.D. Sa, Advocate.
For the Respondents:A.R. Sharadamba, Advocate.

Judgment

1. The award passed by the Commissioner for Workmen's Compensation dated 1st September 2010 granting compensation of Rs.3,32,580/- is called in question in this appeal.

2. Mr. K. Prakash, the husband of the 1st respondent and father of Respondent Nos.2 and 3 and son of Respondent Nos.4 and 5 died due to heart attack on the night intervening between 6.10.2006 and 7.10.2006 while he was sleeping in the bus. The deceased was a driver by profession and he was employed by the appellant - Corporation. He was entrusted to drive the KSRTC bus bearing Registration No.KA 18 F-0103 on Route No.99 on 6.10.2006. PW-2 was the Conductor of the bus. The bus left Arasikere at 8 a.m. on 6.10.2006; the deceased drove the bus to Mysore via Channarayapatna and K.R. Pet; thereafter the bus was driven to Naniangud and back to Mysore; the bus left Mysore at 3,30 p.m. and reached Arasikere at 6.30 p.m. The duty of the driver/deceased was completed after reaching Arasikere. However he was directed by the higher officials of the Corporation to take one more trip from Arasikere-Shimoga-Mysore-Arasikere. Thereafter he drove the bus to Shimoga at 9.15 p.m. The driver as well as PW-2 slept in the bus duri























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