MANAGER, SHRIRAM GENERAL INSURANCE CO LTD Vs. SRIDEVI

JUDGEMENT

(1.) The Manager, Shriram General Insurance Company filed the present appeal against the judgment and award dated: 23-06-2017 made in ECA No.6/2014 on the file of the Senior Civil Judge & JMFC Aurad-B awarding compensation of Rs.10,08,200/- with interest at 12% per annum after one month from the date of accident till the date of depositing the compensation amount in the court.

(2.) Respondents No.1 to 3 were the claimants filed ECA No.6/2014 under section 10 of the Workmen's Compensation Act claiming compensation of Rs.6,00,000/- for the death of deceased Mahesh in a road accident occurred on 08-06-2011 contending that the deceased Mahesh /husband of the first claimant and father of claimants No.2 & 3. It was contended that, the deceased Mahesh was working as driver under the employment of respondent No.1 in a lorry bearing Reg. No.KA-05-B-7171 and he was earning Rs.8,000/- per month. As per the direction of first respondent he was driving the aforesaid lorry on 08-06-2011 and he was deputed to load and un-load the stones from Honikeri village to Kappikeri village and at about 6.45 p.m., when he was on Aurad-Bidar road within the limits of Kaudgon and Mustapura village, he met with an accident, the lorry turned turtle in result he sustained grievous injuries and died on the spot. The jurisdictional police have registered a case in Crime No.53/2011 for the offences punishable under sections 279, 337, 338 and 304-A of Indian Penal Code. After post mortem of the dead body, the body of the deceased was handed over to the claimants and the claimants spent Rs.25,000/- for funeral expenses and contended that the second respondent is the Insurer of the above lorry and deceased was working under the first respondent as on the date of the accident. Both are liable to pay the compensation.

(3.) The respondent No.1 filed written statement denying the income of the deceased, but admitted that he was working under him as a driver in the said lorry. He has contended that, he was paying salary of Rs.2,500/- per month and bhatta of Rs.100/- per day to the deceased when he was alive. He has contended that the funeral expenses and other expenses claimed in the case is exorbitant. It was further contended that, the vehicle was duly insured with second respondent Insurance Company and the Insurance Company is liable to pay the compensation.