DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD Vs. SUNIL

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Award passed by the learned Senior Civil Judge and Commissioner for Workmen's Compensation Basavakalyan, in E.C.A. No.15/2016, dtd. 12/12/2018, whereby the liability to pay the Compensation was fastened upon the Insurance Company.

(2.) The parties would be referred as per their ranks before the Commissioner.

(3.) The brief facts of the case are that the deceased - Khandesh was working on the Lorry bearing Reg. No.AP-10-V-9675 belonging to the Respondent No.1-Transport Company and insured by the Respondent No.2 Insurance Company. On 5/3/2011 the Deceased-Khandesh was on the loaded Lorry and was on the way to Mumbai from Hyderabad, when near Handral village on N.H.9, in the wee hours of 6/3/2011 the Deceased-Khandesh was driving the same and he failed to control and dashed to a road side Tree, due to which he sustained injuries and died at the spot. The Petitioners, who are the parents and brother of the deceased filed the Claim Petition contending that they are entitled for the Compensation under Sec. 10 of the Employees Compensation Act.