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2010 Supreme(Online)(Kar) 3

KARNATAKA HIGH COURT
Subhash B. Adi, J.
New India Assurance Co. Ltd. v. Barkathulla


1. This appeal is by the insurer, questioning the award dated 6.12.2006 on the file of Commissioner for Workmen's Compensation, Davangere (hereinafter for short 'the Commissioner').

2. Respondent Nos. 3 and 4, who were the claimants before the Commissioner, had filed a claim petition, inter alia, alleging that the husband of the respondent No. 3 was working as loader and unloader on a lorry bearing No. KA 17 - B 3650 belonging to the respondent No. 1. While he was travelling in the said lorry on 12.6.2004 at the direction of the respondent No. 1 on account of rash and negligent driving by the driver of the lorry, the said lorry met with an accident, as a result of which, respondent No. 3's husband died. Respondent Nos. 3 and 4 in their claim petition alleged that deceased was earning Rs. 250 per day and also Rs. 50 as batta and accordingly, they sought for compensation.

3. The Commissioner on the basis of the material produced before him held that the vehicle is insured and also held that the deceased was an employee under respondent No. 1 and further held that dependants, respondent Nos. 3 and 4 are entitled for compensation of Rs. 2,03,340. As against the said award, this appeal































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