GUNDA Vs. K.GOPALKRISHNA SHERIGAR

JUDGEMENT

(1.) The claimant filed the present appeal for enhancement as against the judgment and award dated 03.12.2016 made in ECA.No.50/2014 on the file of the Senior Civil Judge at Kundapura/Tribunal awarding total compensation of Rs.90,130/- with 12% interest after one month from the date of the accident.

(2.) It is the case of the claimant that on 15.09.2012 at about 7.50 a.m., during the course of his employment under the first respondent, the petitioner was driving the bus bearing registration No.KA-16-A- 1679 from Kundapura to Trasi side, when the said bus reached a place near Jaladi Anganavadi, Hemmadi Village, N.H.66, Kundapura Taluk, the bus met with an accident. Due to the said accident, claimant sustained grievous injuries. Immediately after the accident, the claimant was shifted to Chinmayi Hospital, Kundapura, wherein he was admitted as inpatient and surgery was conducted and he has spent Rs.1,00,000/- towards medical expenses. The accident occurred arising out of and during the course of his employment under the first respondent and the first respondent used to pay monthly wages at Rs.7,000/- per month and Batta of Rs.75/- per day. The first respondent is the owner and the second respondent is the insurer. Both are jointly and severally liable to pay the compensation.

(3.) The first respondent did not appear before the Tribunal in spite of service of notice. The second respondent appeared and filed the objections, denied the averments made in the claim petition and contended that there is no employer ? employee relationship between the claimant and the first respondent and also denied the injuries sustained and further contended that he insured with first respondent and liability if any is governed by the terms, conditions and limitations as use of the policy of insurance issued by the second respondent and further contended that the accident occurred due to the negligence on the part of the claimant. Therefore, sought to dismiss the claim petition.