THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

CIVIL MISCELLANEOUS APPEAL No.461 OF 2015

JUDGMENT:

This civil miscellaneous appeal is filed aggrieved by

the order dated 05.12.2014 in W.C.No.51 of 2012 on the file of the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour–II : T. Anjaiah Karimika

Sankshema Bhavanam, R.T.C., Cross Roads, Hyderabad.

2. Heard Mr. N.J. Sunil Kumar, learned Standing Counsel appearing on behalf of the appellant, Mr. Viswanathula Jagan Mohan, learned counsel

appearing on behalf of the respondents.

3. Brief facts:

Appellant herein is Opposite Party No.2-Insurance

Company and respondent No.1 is applicant (mother of the deceased driver-J. Rajesh) and respondent No.2 is Opposite

Party No.1-Owner of the vehicle.

The deceased was working as driver on lorry

bearing No.AP 24Y 4469. On 18.05.2012, while the driver

along with cleaner were proceeding from Deccan Cement, Bhavanipuram, Nereducherla of Nalgonda District, with load of cement, at about 5:00 P.M., when the lorry reached Fire Station Centre, Chinthalapudi Village, West Godavari District, suddenly driver developed chest pain due to stress and strain and stopped the lorry. He was shifted to Government Hospital where he died at 6:55 P.M., due to cardiac arrest. A case in Crime No.76 of 2012 was registered under Section 174 Cr.P.C. The said lorry was insured, valid from 18.01.2012 to 17.01.2013 covering the date of accident. The applicant, mother of the deceased, claimed compensation of Rs.7,00,000/- along with interest @ 9% per annum. Learned Commissioner, after considering the evidence of AW.1, Exs.A1 to A7, awarded a compensation of Rs.6,66,648/- with interest @ 12% per annum from 19.06.2012 till the date of realization to be paid within 30 days from the date of receipt of the order.

4. Learned Standing Counsel for Insurance Company submitted that the Commissioner fell in error in arriving at the compensation. That, the Commissioner took the age of deceased as 29 years, disputed by the Insurance Company. It is further submitted that, the applicant was unable to prove the employer-employee relationship between Opposite Party No.1 and the deceased driver. It is also submitted that the incident did not occur during the course of employment and as such the order of the Commissioner cannot be sustained.

5. On the other hand, learned counsel for applicant submitted that accident occurred on 18.05.2012 and the driver of the lorry suffered cardiac arrest due to stress and strain of continuous driving of lorry and accident of death occurred during the course of employment. It is further submitted that the deceased was being paid wages of Rs.6,500/- per month and batta @ Rs.100/- and he was contributing for the maintenance of his family and that he was aged 29 years as per the driving licence. It is also submitted that the Commissioner, instead of taking Rs.6,500/- per month as wages, considered an amount of Rs.4,319/- per month as the basic wage of the deceased and by adding V.D.A. arrived at a monthly wage of Rs.2,005.50 ps. on the basis of the Government of Andhra Pradesh in employment of public motor transport in vide G.O.Ms.No.83, dated 22.11.2006.

6. Heard the learned counsels, perused the record, considered the submissions.

7. Applicant is the mother of deceased. It is claimed that the deceased was working as a driver on a lorry bearing No.AP 24Y 4469 and was being paid an amount of Rs.6,500/- as monthly wage with Rs.100/- as batta. On 18.05.2012, when the lorry was proceeding from Deccan Cement, Bhavanipuram, with cement load, at 5:00 P.M., near Chinthalapudi Village, West Godavari District, deceased driver developed chest pain and stopped the lorry. Driver was shifted to Government Hospital, where he died at 6:55 P.M., due to cardiac arrest. Crime No.76 of 2012 was registered under Section 174 Cr.P.C. The lorry had a valid insurance from 18.01.2012 to 17.01.2013.

8. Applicant was examined as AW.1. An affidavit in lieu of chief evidence was filed.