THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.1005 of 2014

JUDGMENT:

This Civil Miscellaneous Appeal is filed aggrieved by the order dated 31.05.2007 passed in W.C.No.3 of 2004 on the file of the Commissioner for Workman’s Compensation and Assistant Commissioner of Labour, Karimnagar (for short, ‘the Commissioner, Labour Court”).

2. Heard Sri B.Suresh Kumar, learned counsel for the appellant. No representation on behalf of respondents. The matter was adjourned on four occasions i.e., 11.06.2025, 23.06.2025, 24.06.2025 and 25.07.2025. In spite of matter being adjourned on four occasions there was no representation on behalf of respondents, this Court is not inclined to show any indulgence in granting further adjournments and the case is being decided on merits.

3. For convenience, parties hereinafter are referred as arrayed before the Commissioner, Labour Court.

4. Applicants in W.C.No.3 of 2004 are the wife and daughter of one Kompally Pochaiah (hereinafter referred to as “deceased”), employed as driver of opposite party No.1 (Chepoor Janardhan) on Lorry bearing No.APJ 2717. On 24.11.1999, when Pochaiah was proceeding in the lorry from Karimnagar to Chandrapur district, Rajura Taluq, Maharastra, on the way, he met with an accident, died on the spot. A case in Crime No.147 of 1999 came to be registered under Section 304-A of I.P.C. in the Police Station of Rajura. Insurance policy bearing No.31350 of 1999 was in existence at the time of the accident. (Period of Insurance policy is from 23.05.1999 to 22.05.2000). Applicants claimed an amount of Rs.2,70,220/- as compensation.

5. The Commissioner, Labour Court, considering the evidence of P.W.1, Exs.A1 to A7 on behalf of applicants, Ex.R1 for insurance company, awarded a compensation of Rs.1,59,800/-. Applicants filed a claim-petition before Motor Accident Claims Tribunal at Karimngar for the same accident vide O.P.No.642 of 2000. The Tribunal vide award, dated 18.03.2024 awarded an amount of Rs.50,000/- under no fault liability.

6. The Commissioner, Labour Court, deducted the amount of compensation awarded by the Tribunal from the compensation payable under the Workmen Compensation Act, 1923 (as provided under Section 140 (5) of Motor Vehicles Act, 1988, on the basis of the judgment of the Hon’ble High Court of A.P. in J.S.Lalitha v. Md.Jakir Hussain and others¹. The order of Commissioner, Labour Court is dated 31.05.2007. This order is under challenge on the ground that the compensation awarded is in excess.

7. Learned counsel for appellant-Insurance Company submitted that applicants, having filed a claim-petition before Motor Vehicles Accident Claims Tribunal vide O.P.No.642 of 2000, could not have filed a case before Commissioner, Labour Court. That it would amount to overlapping i.e., filing of two different cases before two different authorities. That applicants have failed to produce any evidence with regard to salary being paid to the deceased.

8. Deceased was a driver of Lorry bearing No.APJ 2717, while the vehicle was going from Rajuri to Asifabad, the vehicle dashed against another Truck bearing No.AP 16 T

2003 (6) ALD 738

1688 coming in opposite direction and Pochaiah, driver of Lorry bearing No.APJ 2717, died on the spot. A case in Crime No.147 of 1999 came to be registered in Rajuri Police Station, Maharastra. The accident occurred on 24.11.1999 and as on the date of accident, driver was holding a valid driving licence. Deceased was authorized to drive Heavy Motor Vehicle, licence is valid upto 21.09.2000. From the documents on record and oral evidence, Commissioner, Labour Court, held that there was an employer-employee relationship and the accident occurred in the course of employment of Opposite Party No.1.

9. Insurance company contended that the age of deceased was not taken correctly, that according to driving licence issued on 21.11.1969, if the age is considered, on the date of accident, he would be a minor, that authorities should not have i