JUDGMENT:

Aggrieved by the order dated 09.10.2016 in W.C. Case No.46 of 2015 passed by the learned Commissioner for Employees’ Compensation and Assistant Commissioner of Labour-IV, at Hyderabad, the opposite party No.2/Insurance company has filed the present Civil Miscellaneous Appeal.

2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned Assistant Commissioner.

BRIEF FACTS:

3. The brief facts as borne out from the record are as under:

a) The applicants/claimants, who are the wife, children and father of late Mallaiah (deceased), filed a claim petition stating that the deceased, who was working as a labourer on lorry bearing No. AIT 2775, sustained fatal injuries in an accident that occurred on 21.04.2015 during the course and out of his employment under opposite party No.1. On the said date, after loading dry grass at Hyderabad, the deceased along with the driver and other labourers were proceeding from Hyderabad towards Andole side, at about 6:30 A.M., near ORR Ring Road, Kollur Village of R.C. Puram Mandal, Medak District, the driver of the said lorry drove the vehicle in a rash and negligent manner at high speed and dash