APHC010874472015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

SATURDAY,THE TWELTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO: 837/2025 Between:

1. M /S ORIENTAL INS CO LTD., VJA, KRISHNA DIST, REP. BY ITS MANAGER, C.B 0-1, D. NO. 29-36-34, MUSEUM ROAD, GOVERNOR PET VIJAYAWADA, KRISHNA DIST.

...APPELLANT AND

1. J IKI RANGA RAO KRISHNA DIST AND 2 OTHERS, S/O. JINGIRAYYA, KANCHIKACHERLA VILLAGE AND MANDAL KRISHNA DIST.

2. J IKKI RAJAMMA, KANCHIKACHERLA VILLAGE AND MANDAL KRISHNA DIST

3. S RI S NARASIMHA RAO, S/O. GOPAIAH, OWNER OF LORRY NO.

AP 16 TW 6798, D. NO. 1-118, MOGULURU VILLAGE, KANCHIKACHERLA MANDAL.

...RESPONDENT(S):

Appeal Under Section_____against ordersThe above named appellant begs to present the Memorandum Miscellaneous Appeal against the order dated 30TH passed in WC No. 35/2010 on the file of the Commissioner for employeess of Civil Day of November, 2014 2 compensation assistant commissioner of labour, Vijayawada for the following grounds.

IA NO: 1 OF 2015(CMAMP 996 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condoned the delay of 157 days in preferring the above appeal No. 2015 against the order passed in WC No. 35 of 2010 on the file of the Commissioner for employees's compensation & assistant commissioner of labour, Vijayawada and pass IA NO: 2 OF 2015(CMAMP 1020 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including execution proceedings in pursuance of the order dt. 30/11/2014 passed in WC.No. 35 of 2010 on the file of the Commissioner for Employees Compensation and Assistant Commissioner of Labour, Vijayawada, pending disposal of the appeal IA NO: 5 OF 2015(CMAMP 21865 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant:

1. GUDI SRINIVASU Counsel for the Respondent(S):

1. P V N KIRAN KUMAR

2.

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO.837 OF 2025 JUDGMENT:-

The present Civil Miscellaneous Appeal is filed aggrieved by the order dated 30.11.2014 passed in W.C.No.35/2010 on the file of Commissioner for Employee’s Compensation & Assistant Commissioner of Labour, Vijayawada.

2. For the sake of convenience, the parties will be referred herein as arrayed before the trial court. Respondent Nos. 1 and 2 are applicants in W.C.No.35 of 2010, Respondent No.3 herein is the O.P.I and appellant herein is the O.P.II in W.C.No.35 of 2010.

3. The respondent Nos. 1 and 2 herein/ applicants in W.C.No.35 of 2010 filed the claim petition seeking compensation against Sri S.Narasimha Rao respondent No.3 herein/ O.P.I therein and the Oriental Insurance Company Limited appellant herein/ O.P.II therein. The applicants are parents of the deceased workman by name Sri Jikki Sydulu, who worked as driver under the employment of the Sri S.Narasimha Rao on his lorry bearing No.AP 16 TW 6798 by the date of death.

3(i). On 23.04.2009, the lorry bearing No.UP 32 CN 8321 came from opposite direction in rash and negligent manner and dashed the lorry driven by the deceased resulting which, the deceased sustained injuries over his head and died on the spot. The driver of the opposite vehicle also died. The cleaner of the lorry bearing No.UP 32 CN 8321 lodged a compliant and police registered a crime in Crime No.12/2009 u/s. 304-A and 337 of IPC. Further, the applicants submitted that the deceased workman worked as cleaner for the last 8 years and at the time of accident he was working as driver and aged about 26 years and he was getting Rs.5,000/- per month as sal