NARASAMMA Vs. MAGMA HDI GEN. INS. CO. LTD

JUDGEMENT

(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 carriage of the lorry and was not proceeding as a coolie. It was contended that he was gratuitous passenger traveling in the rear of the lorry and when the lorry took a sudden turn, Govindappa, who was standing in the extreme rear of the lorry, fell down. It was contended that the policy issued by it did not cover the risk of it and therefore, it was not liable to indemnify the 2nd respondent - owner.