HASSAIN SAB Vs. D. AFROZ

JUDGEMENT

(1.) The appellants, who are the parents and wife of deceased Baber Pasha, have filed the present Miscellaneous First Appeal against the judgment and award dated 27.06.2016 made in ECA No.4/2015 on the file of II Addl. Senior Civil Judge and JMFC, Chikkamagaluru, awarding total compensation of Rs.8,61,120/- to the petitioners/claimants with interest at the rate of 6% p.a. after expiry of 30 days from the date of accident.

(2.) It is the case of the appellants/claimants that the deceased Baber Pasha was the driver under respondent No.1 in respect of lorry bearing Reg.No.KA-18-B-3242. On 25.09.2014 at midnight when Baber Pasha was inspecting/checking the battery of the lorry bearing KA-18-B-3242 at Antharasanahalli village Bypass road of Tumkur Town on the National Highway in front of Beluru Bayar Biotech Limited Factory, a lorry, whose number is not traced out, has dashed against the said Baber Pasha. As a result, Baber Pasha sustained multiple injuries over the body and died on the spot. The dead body was taken to Tumkur Government Hospital and postmortem was done. The deceased Baber Pasha was aged about 25 years on the date of accident and getting monthly wages of Rs.10,000/- and batta at Rs.200/- per day. The claimants were depending on the income of the deceased Baber Pasha. The said accident arising out of and during the course of employment under respondent No.1. The respondent No.1 is the employer of deceased and owner of the above said lorry, which was insured with respondent No.2 and the policy was in force as on the date of accident. Hence, the claim petition has been filed claiming compensation.

(3.) Inspite of service of notice, respondent No.1 remained absent and he has been placed exparte.