THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.461 OF 2015

JUDGMENT:

This civil miscellaneous appeal is filed aggrieved by the order dated 05.12.2014 in W.C.No.51 of 2012 on the file of the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour–II : T. Anjaiah Karimika Sankshema Bhavanam, R.T.C., Cross Roads, Hyderabad.

2. Heard Mr. N.J. Sunil Kumar, learned Standing Counsel appearing on behalf of the appellant, Mr. Viswanathula Jagan Mohan, learned counsel appearing on behalf of the respondents.

3. Brief facts:

Appellant herein is Opposite Party No.2-Insurance Company and respondent No.1 is applicant (mother of the deceased driver-J. Rajesh) and respondent No.2 is Opposite Party No.1-Owner of the vehicle.

The deceased was working as driver on lorry bearing No.AP 24Y 4469. On 18.05.2012, while the driver along with cleaner were proceeding from Deccan Cement, Bhavanipuram, Nereducherla of Nalgonda District, with load of cement, at about 5:00 P.M., when the lorry reached Fire Station Centre, Chinthalapudi Village, West Godavari District, suddenly driver developed chest pain due to stress and strain and stopped the lorry. He was shifted to