MANAGER Vs. BHAGYAMMA

JUDGEMENT

(1.) This appeal under Sec. 30(1) of Employees Compensation Act, 1923 (hereinafter referred to as 'the Act') is filed by appellant/respondent No.2 challenging the impugned judgment and award granting compensation in a sum of Rs.5,91,181.00 with interest at 12% p.a from 28/11/2009 till the deposit is made and directing respondent No.2 to pay the same, in its capacity of the insurer of the offending vehicle.

(2.) For the sake of convenience the parties are referred to by their rank before the Commissioner for Employees Compensation, Sub-division-5 (hereinafter referred to as 'CEC').

(3.) FACTS: Brief facts leading to filing of the claim petition are that the petitioners are the wife and children of late Mylarappa. The said Mylarappa was working as a Driver in lorry bearing registration No.KA 04 AA/3636 (hereinafter referred to as offending vehicle) under respondent No.1. On 28/10/2009 at 7.00 p.m. on Gowribidanur, Doddabalapur Road, near Gunjuru village, the offending vehicle met with an accident. In the said accident, Mylarappa sustained grievous injuries and died at 8.00 p.m. on the same day. At the time of his death, deceased was getting wages in sum of Rs.5,000.00 p.m. and Rs.100.00 per day bhata and in all he was getting salary of Rs.8,000.00p.m.