JUDGMENT :

Ravi Nath Tilhari, J.

Sri Srinivasa Rao Katakamsetty, learned counsel for the appellant had completed his arguments on 17.06.2022, but Sri Koppula Gopal, the respondent's counsel did not appear even in the revised call. The matter was posted for 20.06.2022 for the arguments of the respondent's counsel. On 20.06.2022 also the respondent's counsel did not appear to argue the matter. The judgment was reserved.

2. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short "WC Act 1923") has been filed by M/s. United India Insurance Company Limited through its Divisional Manager (in short the "Insurance Company"), challenging the judgment and award dated 16.08.2004, passed in W.C.No.29 of 2002, on the file of the Commissioner for Workmen's Compensation & Assistant Commissioner of Labour, Kurnool (in short the "Commissioner"), by which the application filed by the applicant/1st respondent herein under Section 22 of WC Act 1923 was allowed for payment of compensation of Rs.2,36,688/- with interest @12% per annum on the amount of compensation for the period from 23.11.2000 i.e., the date of accident to the date of actual deposition, also awarding an amount of Rs.5,000/- as costs, and directing the opposite parties No.1 & 2 (the appellant and respondent No.2 herein) holding them jointly and severally liable to pay the amount.

3. The applicant before the Commissioner in W.C.No.29 of 2002 shall, hereinafter be referred to as "respondent No.1" and the opposite party Nos.1 and 2 in the said case shall be referred as the "respondent No.2" and the "appellant" respectively.

4. The 1st respondent was employed as cleaner by the 2nd respondent on its Lorry bearing registration No.ADQ-9697 on monthly wage of Rs.2,500/- along with batta @Rs.1,000/- per month. On 23.11.2000 he was travelling in the said lorry loaded with coal as cleaner along with driver of the lorry and when they reached the temple of Sreerama near Kallur Estate, Kurnool on N.H.7 road at about 7.45 p.m. on 23.11.2000 the lorry stopped the middle of the road due to airlock. Under the instructions of the lorry driver Sri K. Mahewara Babu, the 1st respondent was checking the quantity of the diesel tank. Meanwhile the Tractor and Trailor bearing registration No.AP21U-5773 and 5774 proceeding towards Bellary Chowrastha from Krishna Nagar hit the single bullock cart which was also proceeding towards Bellary chowrastha and passing just by the side of the said standing lorry on the middle of the road. Due to this collision the 1st respondent's left leg was crushed in between the lorry and the bullock cart and that he was immediately shifted to Government General Hospital, Kurnool for treatment. He incurred an amount of Rs.60,000/- towards medical expenses. He also stated that even after the treatment, the injury received did not heal and that the Doctors advised amputation of the leg up to thigh level. The owner of the tractor denied the liability to pay compensation on the ground that the lorry was stopped in the middle of the road and that he had no insurance for the crime vehicle under any Insurance Company. Thus he did not pay any compensation to the 1st respondent. The 1st respondent also claimed that he was aged 23 years as on the date of accident and that he acquired permanent total disability due to the said accident which was in the course of and out of employment as cleaner under the 2nd respondent and claimed Rs.2,00,000/- towards com