THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.466 of 2013

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by the order dated 08.04.2013 passed in W.C.No.32 of 2012 on the file of the Commissioner for Employees’ Compensation and Deputy Commissioner of Labour-II : T.Anjaiah Karmika Samkshema Bhavan : R.T.C. Cross Roads, Hyderabad (for short ‘the Commissioner’).

2. Heard Mr. K.Sameer Kumar, learned Standing Counsel for appellant-Insurance Company and Mr. G.Narender Reddy, learned counsel for respondents.

3. On 26.06.2012, a lorry bearing No.GJ 12Y 8670 started from Gandhidam of Gujarat State towards Hyderabad. On 18.07.2012, when the lorry reached Gagillapur Village, the deceased suffered chest pain, stopped the lorry at Tea Stall, while walking towards Tea stall, he fell on the ground. He was being shifted to Gandhi hospital, Secunderabad, he died on the way to hospital, doctors declared him as brought dead.

4. A case in Crime No.369 of 2012 under Section 174 of Cr.P.C. was registered in the Police Station of Dundigal. A claim of Rs.8,00,000/- is made by the applicants as compensation, a monthly wage of Rs.8,000/- is claimed as wages (of the deceased driver). Commissioner after examining AW1, RW1, considering the documents marked as Exs.A1 to A8 and Ex.B1, awarded a total compensation of Rs.6,59,501/- with interest @12% per annum from 27.07.2012 till the date of realization. This order of Commissioner dated 08.04.2013, is under challenge.

5. It is submitted by learned counsel for Insurance Company that the accident did not occur during the course of employment as the incident occurred when he got down from the lorry and was walking towards the Tea stall, that it cannot be said to be during the course of employment.

6. It is further submitted that there was no ‘trip sheet’ filed to show that the deceased was travelling on lorry from Gujarat to Hyderabad and that AW2, who was examined as a cleaner did not file any proof. It is also submitted that interest rate of 12% per annum on the amount of compensation is on the higher side. That the order of learned Commissioner is passed in a mechanical manner and there is no application of mind.

7. Learned counsel for applicants submitted that deceased suffered a chest pain while driving the lorry, when it reached Gagillapur village on 18.07.2012 the driver stopped the lorry and when proceeding towards tea stall, due to chest pain, he fell on the ground. That he was taken to Gandhi hospital where he was declared as brought dead. It is further submitted that Crime No.369 of 2012 was registered under Section 174 of Cr.P.C. in the Police Station at Dundigal. It is also submitted that the lorry had a valid insurance policy and the deceased driver had a valid driving license.

8. It is submitted that as per the contents of FIR, the deceased driver suffered chest pain and died due to heart attack. It is further submitted that the deceased died in the course of employment. That, there being a valid insurance policy, Opposite Party No.2 i.e., Insurance Company is liable to pay the compensation awarded and that there is no infirmity in the order passed by the Commissioner.

9. Heard learned counsels, perused the record and considered the rival submissions.

10. The deceased is one late Mr. Anvar Bhai @ Anwar Jajam @ Khalifa Anvar Bhai. Deceased was a driver on lorry bearing No.GJ 12Y 8670, owned by Opposite Party No.1 i.e., Lakhiben Bhavesh Ayer of Gujarat, he possessed a valid driving license and the lorry had a valid insurance policy as on the date of accident i.e., 18.07.2012. After loading the lorry, vehicle started from Gandhidam of Gujarat towards Hyderabad and on 18.07.2012, when the lorry reached Gagillapur village, the deceased had chest pain, he stopped the lorry, got down from the lorry for a cup of Tea. While walking towards tea stall, he fell down. He was shifted to Gandhi Hospital and there he was declared brought dead on 18.07.2012. A crime is registered