THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.363 of 2014

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by the order dated 09.01.2014 passed in W.C.No.14 of 2012 on the file of the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour, Nizamabad (for short ‘the Commissioner’).

2. Heard Mr. T.Mahender Rao, learned Standing Counsel for appellant-Opposite Party No.2 and Mr. S.Surender Reddy, learned counsel for respondents.

3. The deceased was a cleaner on lorry No.AP 29 U 7747. On 16.05.2012 at 12:30 P.M., when the vehicle reached MBA Godown, Khanapoor village, Nizamabad District, the cleaner was checking the tyres of lorry, meanwhile, the driver suddenly drove the vehicle in rash and negligent manner at high speed in reverse and the lorry ran over the head of Joku Narsimha, due to which he sustained multiple fractures to skull, crush injuries to head, brain crushed, fracture of right shoulder and died on the spot. It is not in dispute that the accident occurred during the course of employment and that he was discharging his duties as a cleaner under the owner i.e., Opposite Party No.1in W.C./respondent No.3 herein. The