C.V. Nagarjuna Reddy, J.

1. This Civil Miscellaneous Appeal is filed by the Insurance Company against award, dated 27.01.2004, in W.C. No. 77 of 1999 (NF) on the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad (for short 'the Commissioner') feeling aggrieved by award of Rs. 93,705/- towards compensation in favour of respondent No. 1-Kalaagadda Bhoomaiah.

2. The facts leading to the filing of W.C. No. 77 of 1999 are, briefly, stated as under:

"Respondent No. 2 is the owner of the tractor and trailor bearing Nos. AP 25 B 9957 and AP 25 B 9958, respectively. It is the case of respondent No. 1 that he was engaged by respondent No. 2 on a monthly salary of Rs. 3,000/- and daily batta of Rs. 50/-. It is his further pleaded case that on 18.01.1998, while he was travelling as a labourer for loading and unloading in the said trailor and when the tractor has reached the limits of Lingampally Kalan, at about 8.00 am., the driver of the tractor drove the same in a rash and negligent manner at a high speed and in a zigzag manner, resulting in the tractor and trailor falling in a ditch, on account of which, respondent No. 1 has f