UNITED INDIA INSURANCE CO LTD Vs. V SUDARSHAN

JUDGEMENT

(1.) This is an appeal filed by the Insurance Company under Section 30(1)(a) of the Workmen's Compensation Act, 1923 (for short, 'the Act') challenging the order dated 27.08.2003 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-IV, Hyderabad in W.C. No. 116 of 2002.

(2.) The facts of the case, in brief, are that the 1st Respondent herein filed the above said W.C., claiming compensation for the injuries sustained by him during the course of employment as a driver on an auto bearing Reg. No. AP13U 9614 belonging to the 2nd Respondent, insured with the Appellant herein, on 10.07.2002 at about 08.30 p.m. when he was proceeding from Hydershakot towards Aramaisamma. He was hit by one APSRTC bus bearing No. AP 10 Z 3647. The claim of the 1st Respondent is that at the time of accident, he was paid Rs. 4,000/- per month and he was aged about 22 years and therefore, he sought Rs. 5 lacs as compensation.

(3.) The Insurance company filed its counter, denying its liability. On the other hand, it is stated that the W.C. is not maintainable for mis-joinder of parties. The injured ought to have impleaded the APSRTC as party.