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2023 Supreme(AP) 1319

K. MANMADHA RAO
New India Assurance Co. Ltd. – Appellant
Versus
Sundaraneedi Kanaka Raju – Respondent


Advocates appeared:
Naresh Byrapaneni, Advocate, Josyula Bhaskara Rao, Advocate

JUDGMENT

DR.K.MANMADHA RAO, J. - The Appellant herein is the 3rd opposite party before the Commissioner for Workmen Compensation Act and Deputy Commissioner of Labour, Kakinada (in short 'learned tribunal') filed the present Civil Miscellaneous Appeal before this Court. Aggrieved by the order dtd. 3/6/2010 in W.C.No. 2 of 2008, which was filed seeking compensation of Rs.4, 00, 000.00 for the injuries sustained by the 1st respondent/ applicant in an accident that occurred on 24/11/2007. The learned Tribunal after hearing both sides, awarded compensation of Rs.2, 33, 872.00. Assailing the same, the present C.M.A came to be filed.

2. Heard Mr.Naresh Byrapaneni, learned counsel for the appellant/ 3rd opposite party and Mr.Josyula Bhaskara Rao, learned counsel for the 1st respondent/ applicant. The C.M.A is dismissed against the respondents 2 and 3, vide this court order dtd. 9/3/2015.

3. During hearing learned counsel for the appellant would contend that the learned tribunal ought to have considered that the appellant/ insurer is not liable to pay any compensation due to the reason that the risk of the applicant is not covered under Ex.B1 policy. It is further contended that the learned

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