IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO C.M.A. No.791 of 2014 DATE: 10.03.2026 Between:

M/s. Oriental Insurance Co Limited …Appellant AND P. Satish Reddy and another …Respondents

ORDER:

Heard Sri K Madhusudhan Reddy, learned Standing counsel for the Appellant; Sri K Venumadhav, learned counsel for appearing for respondents. Perused the record.

2. The present appeal has been filed by the appellant– Insurance Company challenging the award and decree dated 29.03.2014 passed in W.C. No.37 of 2013 by the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour–II, Hyderabad.

3. The brief facts of the case are that the applicant was working as a driver on a lorry bearing No. AP 07Y 4878 under the employment of O.P. No.1. On 27.03.2013, while he was on duty as a driver of the said lorry, he along with the cleaner went to Andhra Cement Factory situated at Gamalapadu Village of Dachepalli Mandal for loading cement bags and after loading the cement bags, they proceeded from the said factory. At about 4:00 A.M. on 28.03.2013, when the lorry reached Brahmanapalli Village of Piduguralla Mandal, another lorry bearing No. AP 04TT 8484, which was being driven by its driver in a rash and negligent manner and at high speed, dashed against the lorry driven by the applicant. As a result of the said accident, the applicant sustained grievous injuries namely fracture of knee, fracture of right thigh and fracture of left thigh. Immediately after the accident, he was shifted to Government Hospital, Gurazala through 108 ambulance for treatment and thereafter shifted to Padma Hospital, Dilsukhnagar, Hyderabad for better treatment. In connection with the said accident, P.S. Piduguralla of Guntur District registered a case in Crime No.69 of 2013 under Section 338 IPC.

4. It is further stated that the applicant was being paid wages of Rs.8,000/- per month and batta of Rs.100/- per day and that he was aged about 23 years as on the date of the accident. Due to the injuries sustained in the accident, he became totally incapacitated to continue his work as a driver in future. It is also stated that O.P. No.1 visited him while he was undergoing treatment and therefore no separate notice of accident was given to O.P. No.1. Since the applicant was residing within the limits of Hyderabad, the Commissioner had jurisdiction to entertain and dispose of the claim petition. It is further stated that the Commissioner, after conducting enquiry and considering the pleadings and evidence placed on record by both parties, held that the accident occurred due to the rash and negligent driving of the driver of the lorry bearing No. AP 04TT 8484 and that the applicant was working under O.P. No.1 as a driver. The Commissioner further held that the accident occurred during the course and out of employment while the applicant was driving the lorry belonging to O.P. No.1. The Commissioner took the monthly wages of the applicant as Rs.6,497.75 for the purpose of calculation in accordance with the statutory provisions and considered the disability at 65% as per the certificate issued by the doctor. Accordingly, the compensation was calculated as Rs.6,497.75 × 60/100 × 219.95 = Rs.8,57,508/- under the Employees’ Compensation Act. The Commissioner, placing reliance on the judgments of the Hon’ble Supreme Court in Kerala State Electricity Board v. Valsala K.,1 and National Insurance Company Limited v. Mubasir Ahmed, 2007 ACJ 845 (SC), calculated and awarded compensation of Rs.8,57,508/- under the Employees’ Compensation Act. Apart from the said amount, Rs.1,716/- and Rs.1,500/- were also awarded towards statutory benefits and thus a total compensation of Rs.8,60,724/- was awarded with interest at

12% per annum from 29.04.2013 till the date of realization.

5. Per contra, learned counsel for the respondents further submits that challenging the said order, the appellant insurance company filed the instant app