APHC010086212019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 433/2019 Between:

1. S HRIRAM GENERAL INSURANCE COMPANY LIMITED, REP BY ITS MANAGER, GAYATRI NAGAR, BENZ CIRCLE, VIJAYAWADA ...APPELLANT AND

1. K USUNURU MASTAN, S/O. K VEMAIAH, AGE 26 YRS, HINDU, OCC COOLIE, RESIDENT OF KUPURUVARIPALLI VILLAGE, KAMALAPURAM MANDAL, KADAPA DISTRICT

2. C CHANDARAYUDU, S/O C.OBANNA, OWNER OF THE TRACTOR TRAILOR, BEARING NO. AP 04 H 2621 AND 2622, R/O OF PADMAVATI NAGAR, KAMALAPURAM TOWN, KADAPA DISTRICT ...RESPONDENT(S):

Appeal Under Section_____against orders IA NO: 1 OF 2019 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 IA NO: 2 OF 2019 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 IA NO: 3 OF 2019 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. A JAYANTHI Counsel for the Respondent(S):

1. D KODANDARAMI REDDY The Court made the following:

J U D G M E N T:

The present Civil Miscellaneous Appeal is preferred by the insurance company/opposite party No.2 in W.C.No.86 of 2014, aggrieved by the award dated 04.01.2019 passed by the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Kadapa. 2. The brief facts of the case are as follows:

a) The opposite party No.1 is an agriculturist who cultivated paddy in his agricultural land. As he intended to store the paddy at Proddutur, he transported the same through his tractor-trailer bearing Nos. AP 04 H 2621 and 2622 on 16.01.2010. The opposite party No.1 engaged the applicant and one Alamuri Kullayyappa as coolies for loading and unloading the paddy. On the instructions of the opposite party No.1, the applicant and Kullayyappa went to Proddutur in the said tractor, unloaded the paddy from the trailer, and while returning to Sambaturu village at about 9:00 p.m., when the tractor reached near Ankalamma Temple on the Potladurthi–Kamalapuram road, the driver drove the tractor and trailer in a rash and negligent manner at a high speed and failed to control the vehicle. As a result, the tractor-trailer turned turtle, due to which the applicant sustained fractures to both legs near the knee joints. The applicant was shifted to the Government Hospital, Proddatur, and thereafter to the Himalaya Hospital, Kadapa, where both his legs were operated and metal rods were fixed.

b) It is the case of the applicant that the accident arose out of and in the course of his employment under opposite party No.1 as a coolie, and that the vehicle was insured with the 2nd opposite party insurance company under Policy No.10003/31/10/189723, valid from 13.11.2009 to 12.11.2010. Yerraguntla Police registered a case in Crime No.11 of 2010 under Sections 337 and 338 of IPC. The applicant further stated that he was earning Rs.150/- per day and was the sole earning member of his family. Due to the fractures, he suffered permanent disability, is unable to perform his earlier work, cannot squat or sit cross-legged, and requires support to walk. He also suffered considerable pain during treatment. Hence, he sought compensation of Rs.2,50,000/-.

4. Before the Commissioner, the 1^stopposite party remained exparte.

5. The 2nd opposite party filed a written statement denying all the allegations and contended that the applicant must strictly prove the same, including his employment and income, by documentary evidence. It was further contended that the claim is excessive and liable to be dismissed.

6. On behalf of the applicant, A.W.s 1 and 2 were examined and Exs.A1 to Ex.A.5 were marked. On behalf of the 2