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2019 Supreme(Kar) 2040

B.VEERAPPA
H. R. Kumarappa – Appellant
Versus
R. Kumar @ R. Kumarappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. H.B. Rudresh.
For the Respondents: Sri. R. Gopal, Sri. Ashok N. Patil.

JUDGMENT :

B. VEERAPPA, J.

1. These two appeals are filed by owner and claimant against the Judgment and award dated 13.09.2017 made in ECA No. 31/2014 on the file of Commissioner, Workmen's Compensation/Senior Civil Judge and Principal JMFC, Tarikere awarding compensation of Rs. 1,49,668/- with interest @ 12% p.a. after one month from the date of accident i.e., from 25.01.2010 till the date of deposit.

2. Claimant filed ECA No. 31/2014 claiming compensation of Rs.6,00,000/- with interest @ 18% p.a. under the provisions of Section 22 of Workmen's Compensation Act, 1923 mainly contending that he was driver of Cruiser vehicle bearing registration No. KA-18/7574 under first respondent and as per instructions of first respondent on 24.12.2009 he took the vehicle for trip by taking school teachers and children. When the vehicle reached from Shivamogga side towards Sagar and going on the left side of NH-206 road, near Gilalagundi Village at about 12.10 PM a tipper lorry came in high speed in a rash and negligent manner from Sagar side and dashed to his vehicle due to which three students died and others injured including claimant. He was shifted to Mc.Gann Hospital, Shivamogga for treatment

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