JUDGMENT: 

This Civil Miscellaneous Appeal is filed by the appellant – Opposite Party No.2 – Insurance Company aggrieved by the judgment and decree dated 09.11.2010 in W.C. No.20 of 2008 passed by the Commissioner for the Workmen’s Compensation and Assistant Commissioner of Labour – II, RTC Cross Roads, Hyderabad.

2. The respondent No.1 is the applicant, who filed W.C. No.20 of 2008.

The applicant filed an application before the Assistant Commissioner of Labour – II, stating that he was working as a driver on lorry bearing No. AP-16TV-2183 under the employment of O.P.1 on payment of Rs.4,500/- per month towards wage, and batta of Rs.100/- per day. On 2.3.2008, while he was on duty and proceeding from Asifabad to Chandrapur and when reached near Bedaram School, he lost control over the lorry and hit another lorry bearing No.AP-36-V-8295, due to which he sustained comminuted fracture of tibia and other multiple injuries all over the body.

The Police, Wankidi, registered a case in Crime No.9 of 2008.

2.1. He further submitted that he sustained injuries during the course of and out of his employment with O.P No.1. The fracture was mal-united and he sustained physical disability as well as f