THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.339 OF 2014

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by the order dated 03.11.2007 passed in W.C.No.187 of 2005 on the file of the Commissioner for Workmen’s Compensation and Asst. Commissioner of Labour, Nalgonda (for short ‘the Commissioner’).

2. Heard Mr. S.Agastya Sharma, learned Standing Counsel for the appellant – Insurance Company, and Mrs. T.Padmaja, learned counsel representing Mr. K.Jagadishwar Reddy, learned counsel for respondent No.1.

3. Brief facts:

The appellant is the opposite party No.2 (Insurance Company) and respondents are the applicant and opposite party No.1 (Owner of vehicle) before the Commissioner. The applicant was a Cleaner on lorry bearing No.AP 31 W 2721, he claims that he was being paid wages @ Rs.4,000/- per month (no evidence adduced). On 19.07.2004, at about 08:00 p.m., while the applicant was on lorry going from Hyderabad to Miryalguda, when the lorry reached outskirts of Gundrampalli Village, the lorry dashed a stationed lorry bearing No.AP 9 V 959. As a result, the applicant suffered fracture on left leg below the knee and sustained grievous injuries all ov