R. SUBHASH REDDY, J.

( 1 ) WHEN the petition to condone the delay has come up, on the request of both the learned counsel, after condoning the delay, the Civil Miscellaneous Appeal, itself, is taken up for consideration.

( 2 ) THIS Civil Miscellaneous Appeal, under section 30 of the Workmen s Compensation act, 1923, is filed by the New India Assurance company Limited, aggrieved by the award passed by the Commissioner for Workmen s compensation and Assistant Commissioner of Labour-ll, Hyderbad, in W. C. No. 90 of 2004.

( 3 ) FOR the purpose of convenience, I refer the parties, herein, as arrayed before the tribunal below.

( 4 ) THE applicants have filed claim petition before the Tribunal below, claiming compensation of Rs. 4,00,000/- on account of accidental death of the deceased, by name, p. Raghava Rao, on 27-7-2004. As stated in the claim petition, it was the case of the applicants, that the deceased-Raghava Rao was in the employment with OP. No. 1, as cleaner and on 27-7-2004 he died accidentally during the course of employment in view of the accident. It was their case that on the said date, the deceased accompanied in the lorry bearing No. AP. 24v. 2272 as cleaner, from hospet

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