LAXMI Vs. MAHADAPPA

JUDGEMENT

(1.) Being aggrieved by the judgment of dismissal in ECA No.11/2014 by the Senior Civil Judge and J.M.F.C., and Commissioner under the Employee's Compensation Act, Aurad-B, (for short 'the Commissioner'), the petitioners are before this Court in appeal.

(2.) The factual matrix of the case is that the deceased Goutam was a driver working under employment of respondent No.1. He was driving a Car No.MH-04/CD-7235 from Ladha Village to Bachepalli Village, along with respondent No.1 on 7/4/2012, but near Bidar, there was a puncture and therefore, respondent No.1 instructed the deceased Goutam to get the vehicle repaired and come to Bachepalli and he left to Bachepalli in a bus. After repairing the Car, Gautam was driving the same towards Bachepalli and at about 9.30 p.m., near Dhupathmahagaon Village, he was blinded by focusing light of an on coming lorry and he lost control over the Car. When he took towards left to avoid the collision, the vehicle turned turtle by the side of the road. He was severely injured and shifted to General Hospital, Bidar, and thereafter, to NIMS Hospital, Panjagutta, Hyderabad, on the next day. He was again shifted to Yashoda Hospital, Somajiguda, Hyderabad, on 11/4/2012 and he succumbed to the injures on the same day. The Panjagutta Police Station registered the case in Crime No.306/2012 on 11/4/2012 and transferred the same to Santapura Police Station, on the ground of jurisdiction. Accordingly, Santapura Police Station registered the case in Crime No.24/2012 on 4/5/2012. The petitioners, who are the wife, children and parents of the deceased, filed the petition for compensation under Sec. 10 of the Employees' Compensation Act (for short 'E.C. Act'). They contended that the deceased was aged 30 years, earning a salary of Rs.6,000.00 per month with daily bata of Rs.150.00 and was under the employment of respondent No.1. The Car was insured with respondent No.2, therefore, they are entitled for compensation from respondent Nos.1 and 2.

(3.) On being issued with the notice, respondent No.1 appeared and filed the written statement admitting that the deceased Goutam was under his employment and that the Car had met with an accident on 7/4/2012 while the deceased was driving the same from Bidar to Bachepalli. He also admitted that Goutam died due to the injuries suffered in the accident. He also admitted that the deceased was paid Rs.6,000.00 per month and daily bata of Rs.150.00.