SHRIRAM GENERAL INSURANCE CO. LTD Vs. MAMATHA

JUDGEMENT

(1.) This Appeal by the Insurance Company is directed against the Judgment and Award passed in ECA No.77/2014, dtd. 3/7/2017 by the I Additional Senior Civil Judge and CJM and MACT, Mandya, whereby a sum of Rs.10,58,950.00 was awarded as compensation on account of the death of one B.M. Santhosh.

(2.) The Petitioners are the wife and minor son of deceased B.M. Santhosh, the Driver of the Eicher Goods Vehicle owned by Respondent No.1. The Petitioners contended that the deceased was Driver of the Eicher goods vehicle bearing No.KL-05-U-1971. Hence, there existed relationship of Employer and Employee between Respondent No.1 and the deceased. It was contended that on 27/8/2014 deceased B.M. Santhosh was driving the goods vehicle towards TVS Factory for delivery of spare parts. On account of stress and strain due to driving of the vehicle, deceased B.M. Santhosh developed severe chest pain and he was taken to K.R. Hospital, Mysuru, for treatment, but he died on the way to the Hospital i.e., during the course of employment in the capacity of the Driver of the goods vehicle as an Employee. They also contended that the vehicle was standing in the name of Respondent No.1, but it was being used by Respondent No.3, who is none else than the brother of Respondent No.1. Further, it was contended that the deceased was receiving the salary of Rs.10,000.00 per month and on account of his death, Petitioners are put to untold hardship and as such they are entitled for adequate Compensation.

(3.) On issuance of notice, Respondent Nos.1 and 2 appeared through their Counsel and later the Respondent No.3 was impleaded.