NEW INDIA ASSURANCE CO. LTD. Vs. SHANTHIDHARAMAN

JUDGEMENT

(1.) The present appeal seeks to challenge a Judgment and Award dtd. 19/3/2018, in ECA No.20/2017, passed by the learned Motor Accident Tribunal, Court of Small Causes, at Bengaluru (hereinafter referred to as 'Impugned Award'). By the Impugned Award, the petition filed under Sec. 22 read with Sec. 4 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "E.C. Act") has been allowed and the compensation of Rs.6,92,760.00 has been awarded in favour of the respondents No.1 and 2/claimants No.1 and 2.

(2.) None appears for the respondents No.1 and 2, despite service. The record also shows that the respondents have not been appearing regularly. The respondents accordingly, are proceeded with ex-parte.

(3.) The brief facts are that the respondents No. 1 and 2 are the wife and the son respectively of one deceased Dharman. The deceased was employed with the respondent no.3 as a lorry driver to deliver the Three HGV Trailer Jeeps from Chennai to Faridabad. On 3/8/2016, the deceased was driving lorry bearing registration number TN-18-TC-0818 and when they reached near Anand Honda Show Room, NH-7, Attibele, they stopped on the Bangalore-Hosur road for having tea. At that time, the deceased discovered that there was a jam in the clutch of the vehicle and in order to clear the blockage, the deceased went under the vehicle. Unfortunately, the vehicle moved suddenly and ran over the deceased, as a result of which, the deceased was seriously injured and succumbed to his injuries at the hospital.