C.V. Nagarjuna Reddy, J.

1. This Civil Miscellaneous Appeal arises out of Order, dated 17-11-2004, in W.C. No. 15 of 2003 (F) on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner for Labour at Mahabubnagar (for short 'the Commissioner').

2. Respondent No. 5, who is the owner of tractor and trailer bearing registration Nos. AP 26 T 3218 and AP 26 T 3219 respectively, engaged one Kurva Chandraiah (hereinafter referred as 'the deceased') as a labourer on a monthly salary of Rs. 4,000/-. The said Chandraiah died in an accident, during the course of his employment, on 28-05-2001. Therefore, respondent Nos. 1 to 4, who are the wife and minor children of the deceased, filed the W.C. against respondent No. 5 and the appellant herein.

3. It is the case of respondents 1 to 4 that on 28-05-2001, the deceased and other labourers loaded gravel into the tractor at a well in the limits of Rangareddipally Village and that, while the deceased was on the spot, the driver of the tractor and trailer drove the same in reverse direction with high speed and in negligent manner and dashed against the deceased, as a result of which the deceased was crushed under the tractor and died on the spot. A claim for compensation of Rs. 3.00 lakhs was, therefore, made.

4. Respondent No. 5 is the owner of the tractor and trailer and the appellant is its insurer vide Policy No. 611501/31/00/05572, which was valid from 20.11.2000 to 19.11.2001. The claim was, therefore, made for joint and several liability against both of them.

5. Respondent No. 5 filed a counter-affidavit wherein he has admitted that the deceased was his employee and that as on the date of his death, he was earning Rs. 3,000/- per month. He has, however, pleaded that if at all any compensation is payable to the claimants, the vehicle in question having been insured with the appellant, the liability must be fastened on respondent No. 2-insurer alone. The appellant filed a counter-affidavit, wherein it has denied its liability.

6. On behalf of respondents 1 to 4, the wife of the deceased was examined as A.W. 1 and Exs. A.1 to A.8 were marked. On behalf of the appellant, its Assistant Administrative Officer was examined as R.W. 1 and Exs. B.1 and B.2 were marked.

7. On appreciation of the oral and documentary evidence and having regard to the rival pleadings, the Commissioner has framed the following points for consideration:

"i. Whether the deceased died during the course of his employment as labour under respondent No. 1?

ii. Whether Act Policy covers the risk of the labour or labourers traveling in Tractor for loading and unloading?

iii. What was the age of the deceased at the time of accident?

iv. What were the wages paid upto the deceased at the time of accident?

v. Who (is) liable to pay compensation?"

8. Upon answering all the points, the Commissioner awarded the compensation of Rs. 2,06,857/- with interest @ 6% p.a., from the date of filing the W.C. till the date of its realization, holding the respondents jointly and severally liable to pay the compensation. Feeling aggrieved by this order, respondent No. 2-Insurance Company has filed this appeal.

9. The appeal against Respondent No. 5 was dismissed for non-service of notice vide order dated 04-01-2012.

10. I have heard Mr. T. Ramulu, learned Counsel for the appellant, and Mr. K. Venkata Rao, learned Counsel representing Mr. G. Venugopala Reddy, learned Counsel for respondent Nos. 1 to 4.

11. The learned Counsel for the appellant advanced the only point viz., that Ex. B.1- Insurance Policy covers only driver and that, therefore, the appellant is not liable to pay the compensation for the death of the deceased. In support of his submission, the learned Counsel placed reliance on the judgment of this Court in Ramashray Singh v. New India Assurance Co. Ltd. and others (2003) 10 Supreme Court Cases 664, New India Assurance Company Limited v. Lodya Shankar and another 2004 (3) ALD 400 and Dudekula Salabee v. R. Siva Sank