THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.598 OF 2013 and CIVIL MISCELLANEOUS APPEAL No.270 OF 2014

COMMON JUDGMENT:

Aggrieved by the order dated 19.11.2012 passed in W.C.No.452 of 2003 on the file of the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour at Nizamabad (for short ‘the Commissioner’), the Insurance Company/appellant filed CMA.No.598 of 2013.

2. Aggrieved by the order dated 19.11.2012 passed in W.C.No.452 of 2003 on the file of the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour at Nizamabad (for short ‘the Commissioner’), the applicant/appellant filed CMA.No.270 of 2014.

3. Since CMA.No.598 of 2013 and CMA.No.270 of 2014 are arising out of the same order, they are being heard together.

4. For convenience, facts in CMA.No.598 of 2013 are discussed.

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

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

6. The applicant (Banoth Sardar in W.C.No.452 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