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2009 Supreme(AP) 338

V.V.S.RAO
Oriental Insurance Company Limited – Appellant
Versus
N. Sarojini – Respondent


Advocates appeared:
For the Appellant:Kota Subba Rao, Advocate.
For the Respondents:R. Dayanad Goud, Advocate.

Judgment :

This appeal by Oriental Insurance Company Limited is against the order dated 19.11.2001 in W.C. Case No.1 of 2001 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour (the Commissioner, for brevity), Patancheru, Medak District awarding a sum of Rs. 2,14,000/- to respondents 1 to 3 herein (hereafter called, claimants) as compensation for the death of Kanakaiah, who died in the course of employment as driver with fourth respondent herein. The two grounds urged in support of the appeal are that Kanakaiah was not an employee of fourth respondent and that the Commissioner cannot award more than the amount claimed by dependents of workman.

Claimants filed W.C. Case before the Commissioner alleging that Kanakaiah was driver of jeep bearing No. AP 9 AA 1063 belonging to fourth respondent (hereafter called, owner/employer). He was aged 27 years and was earning Rs. 2,500/- per month. On 25.09.2000, Kanakaiah died when the jeep met with an accident in the course of employment. Dependents of Kanakaiah claimed Rs. 2,00,000/- as compensation. After receiving notices, employer denied employee- employer relationship and alleged that fourth responden













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