SIDDESWARA Vs. K S PRAKASH

JUDGEMENT

(1.) The appellant/claimant has filed this appeal against the judgment and award dated 24.01.2017 passed in E.C.A. No.74/2014 on the file of the II Addl. Senior Civil Judge & MACT, Tumakuru, wherein the claim petition has been dismissed.

(2.) It is the case of the claimant that he was working as a Driver in the Canter Lorry bearing Registration No.KA-06-C-3006 under the respondent No.1 on monthly wages of Rs.8,000/- and bata of Rs.100/- per day. On 10.10.2010 at 11.30 p.m., when he was driving the lorry near Kadavigere gate on NH-4 road, Kallambella Hobli, Sira Taluk, he dashed the said lorry to another lorry bearing Registration No.KA-30- 6671 which was parked on the left side of the road to change its punctured tyre which was having indicator light. As a result, he suffered grievous injuries and immediately he was shifted to Adithya Hospital, Tumkur, where was under treatment as an inpatient and even after discharge from the Hospital, he was taking treatment as out-patient. He has spent more than Rs.60,000/- towards purchase of medicine, conveyance and other incidental expenses. The jurisdictional police have registered a case in Crime No.220/2010 against the claimant for the offences punishable under Sections 279 and 337 of IPC. The respondent No.1 is the owner and the respondent No.2 is the insurer of the said lorry and both are liable to pay compensation.

(3.) After service of notice, the respondent No.1 filed objections and admitted that he was the owner of the lorry bearing Registration No.KA-06-C-3006 and the claimant was working as a Driver for the said lorry under him and the accident occurred during the course of employment, where the claimant has sustained injuries and he was paying wages of Rs.5,000/- per month and bata of Rs.100/- per day. It was further contended that the respondent No.2 Insurance Company is liable to pay compensation.