THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.172 of 2014

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by the order dated 18.05.2012 passed in W.C.No.1 of 2010 on the file of the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Nizamabad (for short ‘the Commissioner’).

2. Heard Mr. V.Samba Siva Rao, learned Standing Counsel for appellant-Opposite Party No.2 and Mr. T.Rahul, learned counsel representing Mr. V.Raghunath, learned counsel for respondents.

3. Appellant is the insurance company, deceased is the brother of respondent-applicant. On 25.12.2009, tractor driven by the deceased, when reached shivar of Sarangapur Village, a buffalo came across the road, sudden brakes were applied and the driver (deceased) lost control of the tractor, due to which, the tractor and trolley turned turtle and the deceased fell down, suffered multiple fractures to skull and died on the spot. The Nizamabad Rural Police registered Crime No.391 of 2019 against the driver (tractor bearing No.AP-25-U-8472 and trailer bearing No.AP-25-U-8571), charge sheet is filed. Applicant claimed a compensation of Rs.8,00,000/- with interest. Tractor