THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

CIVIL MISCELLANEOUS APPEAL No.467 of 2021

JUDGMENT:

This Civil Miscellaneous Appeal is filed by appellant/

Insurance Company aggrieved by the order dated 19.11.2012 passed in W.C.No.456 of 2003 on the file of the Commissioner for Employees Compensation-cum-Deputy Commissioner of

Labour at Nizamabad (for short ‘the Commissioner’).

2. Heard Mr. A.Ramakrishna Reddy, learned Standing Counsel for appellant/Opposite Party No.2 and

Mr. T.V.Kalyan Singh, learned counsel for respondents.

3. The applicant (Housekar Sainath in W.C.No.456 of 2003) was working as a labour on a lorry bearing ABT 1408, under the employment of opposite party No.1 (Aslam Khan). When the lorry laden with sand was going from Velpoor to Nizamabad on 16.08.2002, at 7:00 p.m., it reached the crossing after Adimamidipally village, the driver of the vehicle drove in rash and negligent manner, hit two persons and then lorry turned

turtle and fell in a ditch. The applicant suffered fractures of right metatarsal bones, fracture of ribs, multiple and grievous injuries on head and other parts of the body. Cr.No.124 of 2002 was registered by Police in Police Station, Makloor.

4. Applicant was