JUDGMENT :

This Civil Miscellaneous Appeal is directed against the order of the Commissioner under Workmen’s Compensation and Assistant Commissioner of Labour, Guntur (hereinafter called as ‘the Commissioner’), in W.C.Case No.94 of 2009 dated 22.12.2012.

2. The insurer of the Lorry bearing No.AP 16 TT 4399 belonging to the third respondent is the appellant. Respondents No.1 and 2 are the parents of the deceased by name Sri Manchala Rama Krishna (hereinafter would be referred as ‘the deceased’).

3. According to the respondent Nos.1 and 2/applicants, in the application before the Commissioner for Workmen’s Compensation at Guntur, the deceased was working as cleaner on a Lorry bearing Registration No.AP 16 TT 4399 belonging to the 3rd respondent herein, the deceased was aged about 20 years on the date of the incident. They further stated that on 25.01.2009, the deceased was on duty as a cleaner on lorry with a load of rice belongs to FCI, the lorry reached to KC Camp, Huzurabad Godown and as it was a holiday on that day, the Godown was not opened and about 02.00 P.M., the deceased went to nearby canal to take bath and to bring water to fill the radiator of the said lorry and the deceased