JUDGMENT

1. The present Civil Miscellaneous Appeal is filed under Sec. 30 of the Workmen's Compensation Act, 1923 (for brevity "the Act") aggrieved by the order dtd. 15/3/2005 passed in W.C.No.52 of 2004 by the Assistant Commissioner of Labour, Cuddapah (for short "the Commissioner").

2. The Appellant herein is the Respondent No.2/ Opposite Party No.2 and the respondent herein is the applicant/claimant in W.C No.52 of 2004. For sake of convenience, the parties are hereinafter referred to, as they are arrayed before the Commissioner.

3. The applicant has filed the impugned W.C.No.52 of 2004 before the Commissioner seeking for a direction to Opposite Parties No.1 and 2 under Workmen's Compensation Act, 1923 claiming compensation for Rs.4, 00, 000.00 with interest at 15% p.a.

4. Brief facts of the case are that on 15/9/2002 the applicant, who is working as a cleaner, along with driver left Cuddapah in a lorry bearing No.AP 04-T-8449 with the load of Sugar to go to Chennai. After passing Ramapuram, the driver stopped the said lorry and the applicant, got down from the lorry and while he was checking air to the tyres in the course and out of his employment one RTC Bus bearing No.AP 10-Z8