THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.116 of 2015

JUDGMENT:

Aggrieved by the order dated 04.08.2014 passed in W.C.No.41 of 2013 on the file of the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour-I : T. Anjaiah Karmika Sankshema Bhavanam : RTC Cross Roads : at Hyderabad (for short ‘the Commissioner’), this civil miscellaneous appeal is filed by Insurance Company.

2. Heard Ms. J.Nagasudha, learned amicus for appellant- Insurance Company and Mr. Narender Sharma PVB, learned counsel representing Mr. Akkam Eswar, learned counsel for respondents.

3. Inspite of the matter being posted under the caption ‘for dismissal’, the counsel on record for appellant-Insurance company is not present. This Court deemed it appropriate to appoint Ms. J.Nagasudha, (a young budding lawyer) as amicus on behalf of appellant to assist the Court as matter is of the year 2015. Today, when the matter is posted under the same caption, there is no representation on behalf of appellant (Mr.N.Mohan Krishna). This Court requested the amicus to proceed with the submissions.

4. Applicants are the parents of deceased. Deceased was working as a driver on tractor bearing No.AP 20AP 3273. Tractor is owned by Opposite Party No.1 (Smt. A.Lakshmi), it was insured with Opposite Party No.2 (Insurance Company, appellant herein), policy valid from 08.05.2012 to 07.05.2013, covering the date of accident. On 31.03.2013, deceased while on duty, after unloading mud in the pits of Roads (Roads and Buildings Department) along with labourers was proceeding from Rallavagu Village to Battupally Village for loading mud. When the tractor reached Donthu Chendraiah Tadakala Kottu, deceased lost control over the tractor, it turned turtle, deceased fell on the road, sustained injuries over the body and died on the spot.

5. Crime No.12 of 2013 came to be registered in the Police Station of Karakagudem of Khammam District, under 304-A of IPC. Applicants claimed that deceased was being paid wages @ Rs.8,000/- per month, aged about 20 years at the time of accident. Insurance Company opposed the claim.

6. Commissioner examined AW1 witness for applicants, RW1 for Insurance Company, Exs.A1 to A6 were marked on behalf of applicants, Ex.B1 is the Insurance Policy. Considering the depositions of witnesses, exhibits marked and the submissions, Commissioner awarded compensation of Rs.7,43,390/- with interest @ 12% per annum to be paid by Opposite Party Nos.1 and 2 jointly and severally liable from 01.05.2013 till the date of realization. This order of the Commissioner in W.C.No.41 of

2013 dated 04.08.2014 is under challenge in this CMA.

7. Learned amicus appearing for Insurance Company submitted that deceased was not working as a driver on the tractor, wages claimed by applicants is not supported by any documents and that there was no employer employee relationship and the accident did not arise out of and in the course of employment. It is further submitted that Insurance Company is not liable to pay interest and the Commissioner erred in taking the minimum wages as Rs.4,102/- per month, that compensation of Rs.7,43,390/- is high.

8. Learned amicus submitted that deceased was not possessing a valid driving license, was gratuitous passenger and that there was no material placed by applicants/claimants that deceased was working as driver. It is further submitted that the owner of the vehicle violated by the conditions of policy of insurance by handing over the vehicle to a person who was not possessing a valid driving license. Hence, Insurance Company is not liable to pay any amount as compensation.

That, appeal be allowed.

9. Learned counsel for respondents/applicants submitted that owner in his counter affidavit admitted the employment of the deceased as a driver on the tractor (bearing No.AP 20AP 3273) on payment of wages @ Rs.4,500/- per month. It is further submitted that owner admitted the death of the driver was accidental while on duty a