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2015 Supreme(Kar) 856

B.MANOHAR
Divisional Manager, ICICI Lombardo General Insurance Company Limited – Appellant
Versus
Gangamma – Respondent


Advocate Appeared:
For the Appellant :S.K. Kayakamath, Advocate.
For the Respondents:Sriyuths Shivakumar Badawadagi and Vitthal Teli, Advocates.

JUDGMENT :

B. Manohar, J.

1. The appellant-Insurance Company filed this appeal challenging the judgment and order dated 31-7-2007 made in No. WCA-F/41/2007 passed by the Labour Officer and the Commissioner for Workmen's Compensation, Bagalkot (hereinafter referred to as 'the WCC'). Respondents 1 to 4 herein filed a claim petition before the WCC contending that they are the legal representatives of deceased Basavaraj Thotad, who was working as a driver in a lorry bearing registration No. KA-26/4292 belonging to the 5th respondent. On 23-4-2006, as per the instructions of the owner, after loading granite stones at Ilkal while proceeding towards Bangalore, the said vehicle met with an accident on NH-13 and Basavaraj Thotad succumbed to injuries. At the time of accident, the deceased was aged about 32 years and getting a salary of Rs. 5,000/- per month and batta of Rs. 100/- per day. The claimants are dependents of the deceased. The accident occurred during the course and arising out of the employment. In view of the death of the bread earner, the family of the deceased became destitute and sought for compensation of Rs. 14,00,000/-.

2. In pursuance of the notice issued by the WCC, the ow






















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