Appeal Under Section_____against ordersAggrieved by the order of the Commissioner for Employee 039s Compensation and Assistant Commissioner of Labour, Vijayawada in W.C.No.7 of 2014 dated 18.12.2017 the following appeal is filed for the following among other

IA NO: 1 OF 2018

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 114 days in filing the appeal and to pass

IA NO: 2 OF 2018

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 suspend the operation of the order in case No. WC .07 of 2014 dt, 18-12-2017 on the commissioner for employees compensation and and Assjistant commissioner of Labout, Vijayawada, pending disposal of the above CMA and to pass

Counsel for the Appellant:

1. GUDI SRINIVASU

Counsel for the Respondent(S):

1. JETTI SANTHI KIRAN

The Court made the following:

J U D G M E N T:

The Civil Miscellaneous Appeal is filed by the appellant/opposite party No.2 under Section 30 of the Workmen’s Compensation Act, questioning the order dated 18.12.2017 passed in W.C.No.7 of 2014 by the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour, Vijayawada (for brevity “the Tribunal”).

02. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.

03. The case of the petitioners, in brief, as follows:

a) The deceased workman was employed as a driver by the 1st opposite party, i.e., Sri Gowtham Educational Society, on its bus bearing No. AP16 TA 0076, and had been working for about four years by the time of his death. On 08.08.2012 at about 6.00 a.m., while discharging his duties as a driver and proceeding from Royal Hotel towards Chittinagar at Vijayawada, when he reached near Royal Hotel, the workman suffered a heart attack due to mental stress, unrest, and fear arising from the instructions of the management. Immediately, he was shifted to Government General Hospital, Vijayawada, in the same bus. Upon reaching the hospital, the duty doctor examined him and declared that he was dead. The applicants further stated that the deceased never had any heart problems during his lifetime. Based on the report given by the son of the deceased, the II Town Police Station registered a case under Section 174 of Cr.P.C. During the course of investigation, the police conducted an inquest and postmortem, and the doctor opined that the death of the deceased was due to mental stress and heart attack. The said incident occurred in the course of and arose out of the employment with the 1st opposite party.

b) It is the contention of the claimants that the deceased was aged about 41 years and was earning Rs.10,000/- per month towards salary and Rs.100/- per day towards batta from the 1st opposite party as on the date of the accident. Accordingly, the claimants sought compensation of Rs.7,50,000/-.

04. Before the Tribunal, the 1st opposite party remained exparte.

05. The 2nd opposite party/insurance company filed a counter denying all the averments in the claim application and contended that the applicants must strictly prove the same, including age, wages, and driving licence, and sought dismissal of the application with costs.

06. On behalf of the claimants, A.W.s 1 and 2 were examined and Exs.A1 to Ex.A.8 were marked. On behalf of the opposite parties, no witness was examined and no documents were marked.

07. After careful consideration of the pleadings, oral and documentary evidence and the material on record, the Commissioner for Employees’ Compensation & Assistant Commissioner of Labour, Vijayawada, passed an award directing opposite parties 1 and 2 jointly and severally deposit a sum of Rs.5,59,300/- within 30 days from the date of receipt of the order by way of demand draft drawn in favour of the “Commissioner for Employees’ Compen