APHC011391002016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 1371/2017 Between:

1. NATIONAL INSURANCE COMPANY LTD.,, VIJAYAWADA ...APPELLANT AND

1. SMT SHAIK NURJAHAN, GUNTUR

2. SHAIK MAIMUNNISA, VIJAYAWADA

3. SHAIK RIJWANA, VIJAYAWADA

4. SHAIK KASIM SAIDA, VIJAYAWADA

5. SHAIK SAIDA, VIJAYAWADA

6. L NAGARJUNA, VIJAYAWADA ...RESPONDENT(S):

Appeal Under Section_____against ordersto set aside the order in WC NO. 1 of 2014 on the file of the Court of the Commissioner for Employees Compensation & Asst. Commissioner of Labour, at Guntur, dated 30th April, 2016, and pass IA NO: 1 OF 2016(CMAMP 1319 OF 2016 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 condone the delay of 54 days in preferring the appeal against the order and decree in WC No. 1 of 2014 on the file of the Court of the Commissioner for Employees' Compensation & Asst. Commissioner of Labour,a t Guntur, dated

30th April, 2016 and pass IA NO: 2 OF 2016(CMAMP 1338 OF 2016 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 grant stay of operation of the decee and order in WC No.1/2014 on the file of the Court of the Commissioner for Employees Compensation & Asst. Commissioner of Labour, at Guntur, dated 30th April, 2016 pending disposal of the main CMA IA NO: 1 OF 2017(CMAMP 1069 OF 2017 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 vacate the interim order dated 26.08.2016 passed in CMAMP No.1338/2016 in CMASR No.30080/2016 Counsel for the Appellant:

1. A JAYANTHI Counsel for the Respondent(S):

1. MARELLA RADHA The Court made the following:

JUDGMENT:

This Civil Miscellaneous Appeal is filed under Section 30 of the Workmen‟s Compensation Act, 1923, by the appellant/3^rd opposite party challenging the order dated 30.04.2016 passed on the file of the Court of the Commissioner for Employees‟ Compensation and Assistant Commissioner of Labour, Guntur in W.C.Case No.1 of 2014, whereby the Court below awarded a compensation of Rs.5,77,552/- to respondent Nos.1 to 4/applicants against the claim of Rs.6,00,000/-.

2. Brief facts of the case are as under:

(a) For the sake of convenience, the parties will hereinafter be referred to as they are arrayed before the Court below. The applicant, being the wife of late Shaik Saida Vali (hereinafter referred to as „deceased workman‟), filed a case before the Court below claiming compensation of Rs.6,00,000/- for the death of her husband in an accident that took place on 20.07.2012, while he was driving the lorry bearing No.AP-27-W-3168. The 1^st opposite party is the owner of the lorry bearing No.AP-27-W-3168 and is the father of the deceased. The 2^nd opposite party is the policy holder of the lorry bearing No.AP-27-W-3168. The 3^rd opposite party is the insurer of the vehicle bearing No.AP-27-W-3168.

(b) On 20.07.2012, at about wee hours, while the subject vehicle was proceeding from Tirupathi to Rajupalem, at Padarupalli village of Nellore district, the driver of the vehicle, drove the same in a rash, negligent manner and having lost control over the same, hit a stationed lorry, as a result of which, the deceased workman sustained injuries and died on the spot. The said incident was reported to Nellore V town Police station and accordingly, a case was registered in Crime No.292 of 2012 under Sections 304-A, 337 of the Indian Penal Code. It was contended by the applicant before the Court below that the deceased workman was earning Rs.3,000/- per month in addition to a batta of Rs.100/- per day and that he is aged about 27 years.

(c) The 1^st opposite party filed a