OSMANAPATIL Vs. MASTANASAB

JUDGEMENT

(1.) Mfa No.30372/2011 is filed by the claimants being aggrieved by the judgment and order dated 10.12.2010 passed by the Commissioner for Workmen's Compensation, Gulbarga in WCA No.129/2007 for enhancement of compensation.

(2.) For the sake of convenience, the parties are referred to, as per their ranking before the Court below.

(3.) It is the case of the claimants before the Commissioner for Workmen's Compensation that the deceased-Akbar son of the claimants was working as a driver under respondent No.1 in his lorry bearing No.KA-32/A-4703 and was getting salary of Rs.5,000/- per month and Rs.75/- per day as batta. The said lorry was left for repairs at garage in Gulbarga. On 15.05.2007, the deceased-Akbar left his village Dandoti to bring the said lorry from the garage as per the instructions of the owner. He was proceeding on a motorcycle bearing No.KA-37/H-5524 and when he came near Tippu Sultan College, another motorcycle bearing No.KA-32/H-5170 dashed to the deceased and the deceased lost control over the said vehicle and dashed against the other motorcycle. Due to which he sustained severe injuries and became unconsciousness. Immediately, he was shifted to Government Hospital, Gulbarga and thereafter he was shifted to Basaveshwar Hospital, Gulbarga and then to S.P.Institute of Neuro Science, Solapur, later he was admitted in Modi Hospital, Gulbarga. He succumbed to the injuries on 15.06.2007. Therefore, the claimants being the parents of the deceased, filed the claim petition seeking compensation of Rs.6,00,000/-. The claimants have also stated that the deceased was the only earning member in the family. Respondent No.1 is the owner of the vehicle and employer of the deceased and respondent No.2 is the insurer of the said vehicle.