JUDGMENT

1. This appeal is directed against the impugned order in W.C.No.36 of 2006 dtd. 20/5/2007 on the file of the Assistant Commissioner of Labour, Visakhapatnam. Appellants herein were the applicants, Respondent Nos.1 and

2. are the opposite parties before the learned Commissioner. 2. Applicants are the dependents' of the deceased late Bheemavarapu Sathyanarayana who died in a motor vehicle accident on 7/1/2005, while discharging his duties as a driver to the auto of Opposite Party No.1.

3. The Opposite Party No.1/Owner of the vehicle was set exparte before the learned Commissioner. Opposite Party No.2 filed counter denying all the averments made in the petition interalia contending that applicants have to prove the existence of the employee - employer relationship between the deceased and Opposite Party No.1 and that they have to prove occurrence of accident out of and in the course of the employment, age, wage of the deceased.

4. During the course of the enquiry, Applicant No.1 who is the wife of the deceased was examined as A.W.1, Mr. Bala Raju who is the brother of the deceased was examined as A.W.2.

5. Opposite Party No.2 also filed additional counter stating that the dece