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2023 Supreme(Kar) 841

ANIL B. KATTI
Ningappa – Appellant
Versus
Shamimbanu – Respondent


Advocates appeared:
Siddappa B.M, Advocate, Pradeep B, Advocate

JUDGMENT/ORDER

Anil B. Katti, J. - Appellant is challenging the judgment and award passed by Senior Civil Judge & JMFC, Challakere in ECA No.5/2016 dated 20.02.2017.

2. For the sake of convenience, parties are referred according to their ranks before the Tribunal.

3. The factual matrix leading to the case of claimant/appellant can be stated in nutshell to the effect that appellant was Hamali under employment of respondent No.1 who is owner of Lorry bearing No.CTW 9729 and met with accident on 25.11.2014. Prior to one year of accident, he was working under the employment of respondent No.1 and getting salary of Rs.8,000/- and Rs.200/- towards Batta per day. On 25.11.2014, due to rash and negligent driving of driver of said lorry, appellant fell down from the lorry and sustained injuries. The appellant was treated as indoor patient from 26.11.2014 to 18.12.2014 in Chitradurga Hospital and has undergone surgery, so also spent Rs.50,000/- towards medical expenses. Therefore, prayed for grant of compensation.

4. In response to notice, respondent Nos.1 and 2 appeared through their counsel and filed objections. Respondent No.1 has admitted that deceased was his employee and on 22.11.2014, dur

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