SUMITRA Vs. NARAYANA

JUDGEMENT

(1.) By consent of the learned counsel for the parties, the matter is taken up for final hearing.

(2.) It is the case of the claimants that the first respondent is the owner of the lorry bearing No. MYT-5394 and the second respondent is the insurer of the vehicle. Deceased Bandi @ Bandisiddegowda was an employee under the first respondent and on 24.07.2011, the deceased Bandisiddegowda and others loaded scenarios to the lorry No. MYT-5394 at Mandya and had been to Mahadevapura situated near Ramanagara for the purpose of drama. On that night after finishing the drama, deceased along with other loaders, loaded the scenarios to the lorry and proceeded towards Mandya. Deceased was sitting in the backside of the lorry. The driver of the lorry drove the same on Bangalore Mysore road, in a rash and negligent manner with high speed near Nidagatta village, which resulted in an accident and dashed against another lorry bearing No.TN-09-T-2858 which was parked on the left side of the road. In view of the unfortunate accident, deceased sustained injuries to his head, nose, ear and eyes. Immediately, he was shifted to General Hospital at Maddur and then for further treatment he was being shifted to NIMHANS where he died on the way. The deceased died during the course of employment.

(3.) It is the further case of the claimants that he was hale and healthy and he was earning Rs.8,000.00 monthly wages apart from daily bata of Rs.50.00. The jurisdictional Police registered a case against the driver of the lorry for the offences punishable under Sections 279, 304(A) of Penal Code and 187 of IMV Act in Crime No.147/2011. The policy was in force as on the date of accident. Therefore, both the respondents are liable to pay compensation of Rs.10,00,000.00 with interest at 18% p.a. from the date of petition till the date of realization of the entire amount.