T. G. BHAGYA Vs. MUTHURAYAPPA

JUDGEMENT

(1.) The appellants, i.e., wife, daughter and father of the deceased are before this Court for enhancement of compensation against the judgment and award dated 19.08.2017 passed in E.C.A. No.14/2015 on the file of the I Addl. Senior Civil Judge & CJM, Tumakuru, awarding the total compensation of Rs.4,94,887/- with proportionate cost and future interest at 12% per annum from the date of the petition till realization of entire amount.

(2.) It is the case of the claimants that the deceased G.Mutharaju was working as a labourer in the Tractor-Trailer bearing registration No.KA-06-B-2952-2953 for more than a year under the respondent No.1 and as per the direction of respondent No.1 on 03.07.2012 at about 8.00 A.M., the deceased G.Mutharaju and his elder brother loaded the boulders in the said Tractor-Trailer at Konthihalli, and he was traveling in the Trailer so as to unload the boulders at Kodihalli. When the Tractor-Trailer was proceeding in front of government hospital, the driver of the said Tractor-Trailer drove the same in a rash and negligent manner, as a result, the deceased fell down on the road and at that time, the wheel of the vehicle ran over on the body of G.Mutharaju and he died on the spot.

(3.) It is further contended that, the accident occurred during the course of the employment of G.Mutharaju under respondent No.1 and he was aged 23 years on the date of the accident and respondent No.1 was paying Rs.10,000/- per month and a bata of Rs.50/- per day. The Tractor-Trailer was insured with respondent No.2. Therefore, respondent Nos.1 and 2 are jointly liable to pay compensation.