THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.463 OF 2015

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by order dated 04.05.2015 passed in W.C.No.23 of 2014 on the file of Commissioner for Employees’ Compensation and Assistant Commissioner of Labour-IV, Hyderabad (for short ‘the Commissioner’).

2. Heard Ms. T.Padmaja, learned counsel representing Mr. Harinath Reddy Soma, learned Standing Counsel for the appellant. None appears for respondents.

3. Brief facts:

Appellant herein is Insurance Company (opposite party No.2), respondent Nos.1 to 4 are applicants and respondent No.5 is opposite party No.1 (owner of the vehicle) before the Commissioner. Respondent Nos.1 to 4/applicants are legal heirs of the deceased. Deceased, a labourer on tractor and trailer bearing Nos.AP 24 AQ 3691 and 3692, was under the employment of opposite party No.1. On 03.10.2013, deceased was engaged as labourer (on the said tractor and trailer), after loading cotton with other labourers, when proceeding from agricultural fields of opposite party No.1 towards Teriyala Village for unloading the cotton, at about 06:00 p.m., when the vehicle reached Pallepad cross road, the