JUDGMENT:

VENKATA JYOTHIRMAI PRATAPA, J.

1. This Civil Miscellaneous Appeal is preferred under Section 30 of Workmen’s Compensation Act, 1923 (in short ‘The Act’) against the impugned order dated 12.08.2009 in W.C. No.5 of 2007 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Anantapur (hereinafter be referred to as “the Commissioner”).

2. The appellant herein was the Opposite Party No.2 and respondent Nos.1 to 3 herein were the applicants and Respondent No.4 was the Opposite Party No.1 before the learned Commissioner.

For the sake of convenience, the parties hereinafter will be referred to as they arrayed before the learned Commissioner.

3. The case of the appellant in brief is that,

The applicants being the parents and unmarried sister of the deceased D.Harijana Lakshmaiah filed the claim petition before the learned Commissioner for a compensation of Rs.4,00,000/-for the death of the deceased occurred during the course of employment while attending the loading of earth material to the fields of Opposite Party No.1. Opposite Party No.1 being the owner of the tractor filed counter denying the petition averments. He further stated that on 14.05.2006, deceased and one Venkata Ramudu were attending their regular work to the tractor and trailer for loading earth material on the instructions of the Opposite Party No.1 given to the driver of the vehicle. The accident occurred on the negligence of the deceased. He is not liable to pay any compensation. The vehicle is insured with Opposite Party No.2.

4. Version of the Opposite Parties:

Opposite Party No.2 filed counter denying the petitioner’s claim. There is no employee and employer relationship between Opposite Party No.1 and the deceased. Deceased was not a workman under Opposite Party No.1.

5. Issues – Enquiry – Finding:

(a) Basing on the rival pleadings of both parties, learned Commissioner framed the following issues for consideration.

1. Whether the deceased was a workman as per the provisions of the workmen’s compensation Act, 1923 and he met with the accident arising out of and in the course of his employment?

2. What was the age of the deceased workman at the time of accident?

3. What are the wages paid to the deceased workman / eligible wage at the time of accident?

4. What is the amount of compensation payable to the applicants?

5. Who are liable to pay compensation?

(b) During the course of enquiry, the first applicant who is the father of deceased was examined as AW.1. C.Venkata Ramudu who also worked along with the deceased examined as AW.2. Exs. A1 to A6 were the documents marked. On behalf of insurance company, RW.1 was examined and got marked Ex.B1-Policy.

(c) After hearing both the counsel and on appreciation of the evidence on record, the learned Commissioner awarded compensation of Rs.2,30,048/-with interest at 12% per annum from the date of accident against the Opposite Parties. In case of failure of paying compensation, learned Commissioner also directed the Opposite Parties to deposit the amount within 30 days from the date of receipt of the order. If they failed to deposit, they have to pay penalty that may be imposed under Section 4(3) of the Act.

6. Substantial questions of law:

Feeling aggrieved and dissatisfied with the order impugned, the insurance company preferred the present appeal on the grounds that the applicants failed to prove the employee employer relationship between the deceased and Opposite Party No.1. Even as per the contents of the FIR-Ex.A1, the learned Commissioner fastened the liability to pay interest from the date of accident on the appellant which is con