BANGARU KOTESWARAMMA Vs. G SRINIVASA RAO

JUDGEMENT

(1.) The Appellants' herein are assailing order dated 15.02.2007 passed in W.C. No. 128 of 2004 by the Commissioner for Workmen's' Compensation and Assistant Commissioner of Labour, Vijay Wada ('the lower authority', for brevity). The first Appellant is the wife of Bangaru Madhusudhan Rao (the deceased), who died on 12.07.2004 while driving a trailer bearing registration No. KA 08 B 5279. The second Appellant herein is the son of the deceased and the first Appellant. The third Appellant is the father of the deceased. They filed an application under Section 22 of the Workmen's Compensation Act, 1923 ('the Act', for brevity) claiming a compensation of Rs. 3,50,000/- before the lower authority for the death of the deceased. The first Respondent is the owner of the said trailer and the second Respondent is the Insurance Company with which the trailer was insured during the relevant period.

(2.) The brief facts of the case are as follows:

(3.) The second Respondent - Insurance Company filed counter and denied the material allegations contending inter alia that there is no nexus between the employment of the deceased and the death of the deceased. It is also their case that the deceased was suffering from ill health and heart ailment prior to the date of incident and that the compensation claimed is highly excessive, arbitrary and unjust.