NATIONAL INSURANCE CO LTD. Vs. VADAMALA RAMA SUBBAMMA

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal, under Sec. 30 of the Workmen's Compensation Act, 1923 ('the Act', for brevity), is filed by the appellant-insurance company aggrieved by the order in W.C.No.9 of 2005, dtd. 03.09.2007 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Kadapa.

(2.) The appellant herein is the opposite party No.II, respondents 1 to 3 herein are the applicants, and respondent No.4 herein is opposite party No.I, before the Commissioner. For sake of convenience, the parties are hereinafter referred to, as they are arrayed before the Commissioner.

(3.) The applicants are mother and elder sisters of one Vadamala Sudhakar (hereinafter referred to, as 'the deceased'). They filed W.C.No.9 of 2005 before the Commissioner stating that the deceased was working as the driver of Maruti Van bearing Registration No.AP04F 8923, owned by opposite party No.I; that he started by the said van from Khajipet to Rajampet to drop relatives of the owner in Rajampet, and after dropping, he, along with three other passengers known to the deceased, started from Rajampet at 9.00 PM on 19.11.2003 by the said van to Kadapa, and at about 10.30 PM, when the van reached near Kanamalopalli village on Kadapa-Rajampet main road, the deceased drove the van at high speed, lost control over the van and dashed to an unknown lorry, which was coming from opposite side, and as a result, the inmates of the van, including the deceased, received multiple bleeding injuries, and two inmates died while proceeding to hospital; that the deceased was admitted in Government Hospital, Kadapa and on 20/11/2003, he was referred to Government General Hospital, Kurnool, where he succumbed to the injuries on 21/11/2003. It is further stated by the applicants that the deceased died in an accident arising out of and in the course of his employment under opposite party No.I, and he was aged 22 years and earning Rs.3,500.00 per month, and the subject van was insured with opposite party No.II, and hence, both the opposite parties are liable to pay compensation of Rs.4,00,000.00 .