N.R.L. NAGESWARA RAO

1. The appeal is filed by the Insurance Company against the award dated 30-12-2002 passed by the Commissioner for Workmen's Compensation, Eluru in W.C. Case No. 18 of 2001. The applicants are the dependents of the deceased-Mandava Ramesh who is said to be a lorry driver and getting a salary of Rs.2,500/- per month including batta from Opposite party No. 1. According to the applicants, while the deceased was on duty on 10-04-2001 at about 9.00 A.M at Mangapet village, during the transit of the lorry when he was cooking the food, his lungi caught fired and received severe burnt injuries and succumbed to injuries on 18-04-2001. Accordingly, a claim for compensation of Rs.3 lakh was made.

2. Opposite Party No. 1 was served by publication. Opposite Party No. 2 who is the appellant herein denied the liability and also the cause of death and claimed that there is no nexus between the cause of death and employment and, therefore, the appellant is not liable to pay the said amount. The learned Commissioner has rejected this contention and granted a compensation of Rs.2,83,353/-. Challenging the same the present appeal is filed.

3. Now the point that arises for cons