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2020 Supreme(Kar) 113

N. S. SANJAY GOWDA
Narasamma, W/o Late Govindappa – Appellant
Versus
Magma Hdi Gen. Ins. Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. A.S. Girish, Advocate
For the Respondent:Sri. H.N. Keshava Prashanth, Advocate

JUDGMENT :

1. Being dissatisfied with the award of compensation of Rs.5,52,000/- for the death of one Govindappa and challenging the exoneration of liability of the Insurance Company, the claimants are in appeal.

2. It was contended before the Tribunal that Govindappa was traveling as a coolie on 05.02.2014 in a lorry bearing registration No.KA-53-1035 towards Rayarapalya for loading of wooden poles and at about 9.45 a.m., when the driver of the lorry took a turn at a high speed, Govindappa fell down from the truck and as a result of which, he sustained grievous injuries and ultimately, succumbed to the injuries. It was stated that deceased was aged 55 years and was working as a coolie in the lorry when he suffered the unfortunate accident. It was stated that the lorry belonged to respondent No.2 therein and he was paying the deceased Rs.10,000/- per month and sought for compensation for the death Govindappa.

3. The said claim petition was resisted by the Insurance Company. As usual, it denied all the averments. It also put forth the plea that Govindappa was standing in the carr

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