THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.463 OF 2015

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by order dated 04.05.2015 passed in W.C.No.23 of 2014 on the file of Commissioner for Employees’ Compensation and Assistant Commissioner of Labour-IV, Hyderabad (for short ‘the Commissioner’).

2. Heard Ms. T.Padmaja, learned counsel representing Mr. Harinath Reddy Soma, learned Standing Counsel for the appellant. None appears for respondents.

3. Brief facts:

Appellant herein is Insurance Company (opposite party No.2), respondent Nos.1 to 4 are applicants and respondent No.5 is opposite party No.1 (owner of the vehicle) before the Commissioner. Respondent Nos.1 to 4/applicants are legal heirs of the deceased. Deceased, a labourer on tractor and trailer bearing Nos.AP 24 AQ 3691 and 3692, was under the employment of opposite party No.1. On 03.10.2013, deceased was engaged as labourer (on the said tractor and trailer), after loading cotton with other labourers, when proceeding from agricultural fields of opposite party No.1 towards Teriyala Village for unloading the cotton, at about 06:00 p.m., when the vehicle reached Pallepad cross road, the tractor was being driven in a rash and negligent manner. On application of sudden brakes, the deceased (B.Challamma) fell on the road and the trailer ran over, due to which, she sustained injuries and died on the spot. A case in Cr.No.74 of 2013 was registered under Section 304A of Indian Penal Code, 1860 (for short ‘IPC’) in P.S. Gundala, Nalgonda District.

3.1 Applicants claimed wages @ Rs.6,000/- per month, deceased was aged 40 years at the time of death and sought an amount of Rs.6,00,000/- as compensation from opposite party Nos.1 and 2.

3.2 Tractor and trailer were insured vide policy bearing No.3380/00617100/000/00, valid from 12.09.2013 to 11.09.2014. Accident occurred on 03.10.2013, as on the date of the accident, policy was in existence.

3.3 Learned Commissioner, after examining AW.1 for applicants, RW.1 for Insurance Company and taking into consideration Exs.A1 to A6 for applicants and Ex.B1 for opposite party No.2, vide order, dated 04.05.2015, held that opposite party Nos.1 and 2 are jointly and severally liable to pay an amount of Rs.5,01,322/- with interest @ 12% per annum from 04.11.2013 till the date of realization. Challenging the said order, opposite party No.2 (Insurance Company) filed the present appeal.

4. Learned Standing Counsel for appellant-Insurance Company submitted that there was no employer-employee relationship between opposite party No.1 and the deceased, as such, the application is not maintainable. It is further submitted that the deceased was shown as Coolie, but no evidence was adduced. It is also submitted that the deceased was sitting on the tractor, which is not permissible, as such, Insurance Company is not liable to pay the compensation amount for an unauthorized passenger.

4.1 It is submitted that opposite party No.1 has not paid any premium covering the risk of labourer/coolie, as the risk of the deceased was not covered by insurance policy, Insurance Company is not liable to pay compensation. It is lastly submitted that deceased was not working as a labourer on the crime vehicle.

5. In spite of notice, there is no representation on behalf of respondents. Matter pertains to 2015, matter is being disposed on merits.

6. Heard learned counsel, perused the record and considered the submissions.

7. On 03.10.2013, the deceased along with other labourers, after loading cotton in the trailer, were proceeding on the tractor and trailer from the agricultural fields of opposite party No.1 towards Teriyala Village for unloading of cotton, at about 06:00 p.m., when the vehicle reached Pallepad cross road, the driver drove the vehicle in a rash and negligent manner and applied sudden brakes, as a result, the deceased/labourer fell down from the tractor and the trailer ran over the deceased/labourer, due to which, she died on t