JUDGMENT

VENKATA JYOTHIRMAI PRATAPA, J. - These Civil Miscellaneous Appeals are directed under Sec. 30 of the Workmen Compensation Act against the Order dtd. 7/8/2009 in W.C.Nos.3, 5, 6, and 4 of 2005 on the file of the Commissioner for Workmen's Compensation & Deputy Commissioner of Labour, Anantapur.

Parties before the learned Commissioner:

2. The appellants herein were the Opposite Party No.2/Insurance Company and the respondents herein were the Applicants and the Owner of the Tipper respectively before the learned Commissioner.

Reference of parties in the appeal:

3. For the sake of convenience and understanding, the parties are referred to as they were arrayed before the learned Commissioner.

4. In order to explain the facts and determine the common issue involved in all these CMAs, this Court has taken C.M.A.No.265 of 2010 as these appeals are filed by the Insurance Company as against the same accident. The case of the Respondents Nos. 1 and 2/Applicants in CMA No.265 of 2010 in nutshell:

5. The applicants are the parents of the deceased Nidiganti Balanarasimhulu, S/o Nidiganti Narasimhulu, who died in the accident on 17/2/2004 at about 10.00 am. The deceased was working as a workman under the Opposite Party No.1/Respondent No.3 herein. On the instructions of the Opposite Party No.1, the deceased and some other workers went to attend Tar road work between Pathipadu and Yellanur Road. As there was shortage of stone metal, all the workers went to the stone crusher of one Kullaiah Reddy at Kondapuram in the Tipper bearing No. KA 34 3300 belonging to the Opposite Party No.1 and got loaded tipper with stone metal and while they were returning to the work spot, the driver of the Tipper drove the vehicle in a rash and negligent manner, as a result of which, the tipper turned turtled. In the said accident, the deceased along with three others were died. A case in Cr.No.3 of 2004 for the offences under Ss. 304(A), 338, 337 IPC and Sec. 134 (A) ( B) r/w 187 MV Act was registered by the Kondapuram P.S., Kadapa District, against the driver of the tipper. Therefore, the applicants sought compensation of Rs.4, 50, 000.00 for the untimely death of the deceased against the owner and insurance company.

The case of the Applicants in CMA No.270 of 2010 in nutshell:

The applicants are the parents of the deceased-Chavula Narayana Swamy, who died in the accident on 17/2/2004 at about 10.00 am. The deceased Narayana Swamy was working as a workman under the Opposite Party No.1 in his tipper bearing No. KA 34 3300. After loading the tipper with stone metal at the stone crusher and while they were returned to the work spot, the accident occurred. In the said accident, the deceased along with three others were died. A case in Cr.No.3 of 2004 was registered by the Kondapuram P.S, Kadapa District, against the driver of the tipper. The deceased was aged 20 years and earning Rs.5, 000.00 per month as wages at the time of the accident. Therefore, the applicants sought compensation of Rs.4, 50, 000.00 for the untimely death of the deceased against the owner and insurance company.

The case of the Applicants in CMA No.277 of 2010 in nutshell:

The applicants are the parents of the deceased-Kolatam Suresh, who died in the accident on 17/2/2004 at about 10.00 am. The deceased Suresh was working as a workman under the Opposite Party No.1 in his tipper bearing No. KA 34 3300. After loading the tipper with stone metal at the stone crusher and while they were returned to the work spot, the accident occurred. In the said accident, the deceased along with three others were died. A case in Cr.No.3 of 2004 was registered by the Kondapuram P.S, Kadapa District, against the driver of the tipper. The deceased was aged 19 years and was earning Rs.5, 000.00 per month as wages at the time of the accident. Therefore, the applicants sought compensation of Rs.4, 50, 000.00 for the untimely death of the deceased against the owner and insurance company.

The case of the Applicant