When Sri Kola Subba Rao and Sri Naresh Byrapaneni, learned Counsel, are requested to assist this Court, as amicus curiaes, they readily accepted.

2. Heard both sides.

3. This civil miscellaneous appeal is directed against the order and decree, dated 30.1.1997, passed by the Commissioner for Workmen's Compensation, Kurnool (for brevity "the competent authority under the Act"), partly allowing W.C. No.24 of 1995 filed under the provisions of the Workmen's Compensation Act, 1923, awarding a sum of Rs.60,502/-, as against the claim of Rs.1,00,220/-, fastening the liability only against the first respondent therein, for the death of one Dudekula Mader Sab, during the course of his employment as Hamali.

4. Appellant is the claimant, respondent No.1 is the owner of tractor and trailor bearing Registration Nos.AP.21.U-186 and AP.21.U-187, respectively, and respondent No.2 is the New India Assurance Company Limited, in the O.P., before the Court below.

5. For the sake of convenience, the appellant, respondent No.1 and respondent No.2 will be referred to as "the claimant", "the insured" and "the insurer", respectively.

6. The particulars as regards the manner in which the accident has o