JUDGMENT:

1. This Civil Miscellaneous Appeal is preferred against the impugned order dated 08.09.2003 in W.C.No.30 of 2002 on the file of the Commissioner for Workmen’s Compensation-

cum-Assistant Commissioner of Labour, Ongole.

2. The appellant herein is the Opposite Party No.2. The respondents 1 to 4 herein are the applicants and Opposite Party No.1 before the learned Commissioner. For the sake of convenience, the parties will be referred as they are arrayed before the learned Commissioner.

3. The applicants filed W.C. claiming compensation of Rs.4,00,000/- from Opposite Parties 1 and 2 for the death of deceased workman Shaik Hussain, who was working as driver of the lorry bearing No.AP-27-U-5055 belonging to Opposite Party No.1. On 07.03.2002 at about 7.30 P.M., the deceased, while he was on duty in the lorry, proceeding from Cumbum to Vellore, met with an accident on 08.03.2002 at about 4.30A.M., near Bapanakunta, Cuddapah District and received injuries. The cleaner Mandal Ramudu also received injuries. The driver succumbed to the injuries on admission in Rayachoti Hospital at 8.15.A.M. The deceased was aged about 34 years. Since the accident took place arising out of and in the c