THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

CIVIL MISCELLANEOUS APPEAL No.367 OF 2014

JUDGMENT:

Aggrieved by the order dated 29.10.2009 in

W.C.No.153 of 2009 (earlier numbered as W.C.No.103 of 2007) on the file of the Commissioner for Workmens’ Compensation and Assistant Commissioner of Labour at Nalgonda, this Civil Miscellaneous Appeal is filed by the

Insurance Company.

2. Heard Mr. Somanchi Venkateswarlu, learned counsel for the appellant, and Mr. Bommaneni Vivekananda, learned counsel representing Ms. K. Rajitha, learned

counsel for respondents.

3. Brief facts:

Appellant-Insurance Company is opposite party No.2

and respondent Nos.1 and 2 are applicants before the Commissioner. Since respondent No.3 (owner of the vehicle) died during the pendency of the appeal, respondent

No.4 is brought on record as legal representative of respondent No.3.

4. On 19.07.2006 at about 12.00 P.M., the deceased with other labourers were proceeding from Ibrahimpeta on the Tractor and Trailer bearing No.AP 24L 8291 and 8292 for loading sand at Haliya Vagu. When the vehicle reached near Kilometer Stone No.19/4, the driver of the vehicle drove the vehicle in a rash and negligent manner at high speed, due to which