THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.634 of 2014

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by the order dated 30.07.2007 passed in W.C.No.36 of 2005 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-III : Sri T.Anjaiah Karmika Samkshema Bhavan : R.T.C. Cross Roads, Hyderabad (for short ‘the Commissioner’).

2. Heard Mr. Kota Subba Rao, learned Standing Counsel for appellant-Insurance Company and Mr. M.Ajay Kumar, learned counsel for respondents.

3. Applicants are the legal heirs of deceased. It is claimed that the deceased was working as a labourer on lorry bearing No.AP 7V 1114, on payment of wages @ Rs.2,500/- per month. On 12.11.2004, in the evening, deceased along with his friends boarded the lorry at Kushaiguda and near Cheeryal cross roads, when the lorry was driven in rash and negligent manner, the deceased fell from the lorry and sustained head injury. He was shifted to Vijaya hospital, Nagaram at 19:00 hours immediately after the accident, there he was declared brought dead. The vehicle was insured with Opposite Party No.2 (New India Assurance Company Ltd.). At the time of th