K.P. PAVITRA Vs. BASAVARAJ PUJAR

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of both learned counsel, matter is taken up for final disposal.

(2.) The claimant is before this Court dissatisfied with the quantum of compensation awarded under judgment and award dtd. 6/7/2019 in ECA No.17/2016 on the file of the learned Addl. Senior Civil Judge and JMFC-cum-Commissioner for Workmen's Compensation (for short, 'Trial Court'), praying for enhancement of compensation.

(3.) Heard learned counsel Sri.Gourishankar H Mot, for the appellant and Sri.Nagaraj C Kolloori, learned counsel for respondent-Insurance Company and perused the appeal papers. 2. The claimant being wife of the deceased Parameshwarappa Kaddipudi filed a claim petition under Sec. 10 of the Employees' Compensation Act, 1923 seeking compensation for the accidental death of her husband that took place on 5/9/2016 involving Lorry bearing Registration No.KA-25/B-9428. It is stated that the deceased was aged about 42 years as on the date of the accident and he was working as Driver under respondent No.1/Owner of lorry in question and getting salary of Rs.10,500.00 per month. 3. On issuance of notice, respondents No.1 and 2 appeared through their learned counsel and filed their separate statement of objections denying the allegations made in the claim petition. Respondent No.2-Insurane company inter-alia contended that there is no relationship of employer and employee between respondent No.1 and deceased. It was further contended that the driver of the offending lorry was not having valid and effective driving license as on the date of the accident and thereby violated the terms and conditions of policy. Thus, prayed for dismissal of the claim petition.