TARLADA RAJASEKHAR RAO
National Insurance Co Ltd. – Appellant
Versus
Mutcharla Satyavathi – Respondent
JUDGMENT :
The respondents No.1, 2 and 3 herein filed the claim petition in W.C. No.6 of 2008 before the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Vijayawada (for short “Commissioner”), seeking compensation on the death of the deceased Mutcharla Siva Kumar, who was the driver of the Lorry bearing No.AP16 TU 3404 and died while he was driving lorry from Rajahmundry to Jaipur, Rajastan State with a load of paper on 11.12.2006, on the ground that they were the dependents on the deceased and they lost their bread winner.
2. The opposite party No.1 who is the employer admitted in his counter affidavit that the deceased died due to heart attack during the course of employment and he was drawing an amount of Rs.4,500/- towards salary.
3. The opposite party No.2 who was appellant insurance company filed counter affidavit denying all the material allegations made in the application inter alia has taken defense that the deceased driver was not died due to stress and strain during the course of the employment and the death does not come under the accidental death. Hence, the opposite party No.2 is not liable to indemnify the opposite No.1.
4. On behalf of the a
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Long spells of driving can be a material contributory factor for untimely death of Driver.
The Workmen's Compensation Act is a beneficial legislation and should be given liberal interpretation. The evidence is on the basis of preponderance of probabilities as in the case of civil cases aft....
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