* THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO % 18—09—2025 # The United India Insurance Company Limited … Appellant vs.

$ Smt.R.Bhagya Laxmi @ Rajitha and Others … Respondents !Counsel for the Appellant : Sri M.Satish Reddy ^ Counsel for Respondent Nos.1 to 4 : Sri P.Ramakrishna Reddy

? Cases referred: 1. 2019 ACJ 29

2. 2017 ACJ 1

3. 2005 LawSuit(Kar) 670 IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD * * * *

CMA.No.992 OF 2018 Between:

The United India Insurance Company Limited … Appellant And Smt.R.Bhagya Laxmi @ Rajitha and Others … Respondents JUDGMENT PRONOUNCED ON: 18.09.2025 THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

1. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether Reporters of Local newspapers may be allowed to see the Judgments? : No _____________________ B.R.MADHUSUDHAN RAO,J THE HON’BLE JUSTI CE B.R.MADHUSUDHAN RAO

JUDGMENT

:

1. This appeal is filed by the appellant-opposite party No.2 aggrieved by the orders passed in EC.No.96 of 2016, dated 12.06.2018 by the Commissioner for Employees Compensation and Deputy Commissioner of Labour-I, Hyderabad.

2. Appellant is the opposite party No.2-Insurance Company, respondent Nos.1 to 5 herein are the applicants and respondent No.6 is the opposite party No.1-owner of Tavera Car.

3.1. Respondent Nos.1 to 5-applicants claimed compensation of Rs.12,00,000/- for the death of R.Suresh who died in a motor vehicle accident which occurred on 02.04.2016 during the course of employment under the employment of respondent No.6-opposite No.1. Respondent No.1-applicant No.1 is the wife, respondent No.2-applicant No.2 is the daughter, respondent No.3-applicant No.3 is the son of Late Suresh @ Suresh Goud. Respondent Nos.4 and 5-applicant Nos.4 and 5 are the parents of the deceased. Appellant-opposite party No.2 is the Insurer of the vehicle i.e., Tavera Car bearing No.AP 29V 9408. On 02.04.2016 at about 10.00 P.M. on Pedda Vagu Bridge, Hyderabad- Warangal National High Way-163 Road in the Village limits of Alair, Nalgonda District. The deceased R.Suresh being the driver of the car along with others were proceeding from Warangal towards Hyderabad, when they reached one Pedda Vagu bridge on Hyderabad - Warangal National High Way 163 road, at that time the vehicles which were coming in the opposite direction due to focus of lights, the driver- R.Suresh tried to move away from the vehicles and lost control of his car, fell down on the left side of the bridge and car turned turtle and due to the said impact, the driver-R.Suresh sustained fatal injuries and died on the spot and other inmates of the car sustained grievous injuries.

3.2. The accident occurred out of and during the course of an employment of the deceased as driver under the employment of respondent No.6-opposite party No.1 and the deceased was discharging his duties as a driver on the date of accident. Police, Alair has registered the case in Crime No.39 of 2016 under Sections 304(A) and 337 of IPC. Respondent No.6-opposite party No.1 is the owner of the car and the deceased was employed under him to work as a driver, he used to pay a sum of Rs.15,000/- per month towards salary and Rs.400/- per day as batha. The deceased was aged about 32 years at the time of accident and he was hale and healthy, young and energetic, he was not having any ailments. Respondent No.6 and the appellants-opposite party Nos.1 and 2 are liable to pay the compensation jointly and severally with interest @ 24% per annum from the date of accident till the date of realization and prayed to allow the application.

4. Respondent No.6-opposite party No.1 remained ex parte before the Commissioner.

5. Appellant-opposite party No.2 filed counter and contended that the policy mentioned in the application i.e., Policy No.0502023115P111831135 is denied to have been issued to respondent No.6-opposite party No.1 and that the deceased R.Suresh was not the employee of re