UNITED INDIA INSURANCE COMPANY LIMITED Vs. DOSAPATNI SURYAVATHI

JUDGEMENT

(1.) The United India Insurance Company Limited has filed this appeal against the order passed by the Commissioner appointed under Workmen's Compensation Act, 1923 and Assistant of Labour, Circle-1, Visakhapatnam (for short 'the Commissioner') on 31.12.2003 wherein and whereunder the insurance company and the owner of the lorry bearing No. AP 9 U 2699 are directed to deposit an amount of Rs. 3,00,927/- jointly and severally towards compensation. For the sake of convenience, the parties hereinafter referred to as they are arrayed in W.C.No. 39 of 2003 before the Assistant Commissioner of Labour.

(2.) Applicants 1 to 4, who are wife, son and daughters of the deceased - D. Babji, had filed the W.C stating that the deceased was working as Driver of lorry bearing No. AP 9 U 2699 owned by Opposite Party No. 1. While the lorry driven by the deceased was returning from Itchapuram to Samalkota, gunny bags were loaded in it at Kothavalasa to deliver at Kakinada, and when the lorry reached Gajuwaka on 21.05.2001, the deceased stopped the lorry to have meals and thereafter, cleaner of the lorry drove the lorry and the deceased sat in the cabin of the lorry. When the lorry driven by the cleaner reached near Kothuru Narasingaraopeta at 1.00 a.m. near GTS Chemicals, another lorry was coming from Anakapalli side towards Gajuwaka with high speed, and in order to give way to that lorry, the cleaner-cum-driver took the lorry to extreme left side margin, resultantly, the lorry dashed on the backside of a stationary tanker bearing No. AEV 9639 and the deceased injured and died on the spot and the lorry was severely damaged. The driver of the stationary tanker gave report to the concerned Police and they registered Crime No. 51 of 2001 and filed a charge sheet against the cleaner-cum-driver of the lorry and against the driver of stationary tanker AEV 9639. The lorry of Opposite Party No. 1 was insured with Opposite Party No. 2 and the policy was valid at the time of accident. The deceased was paid Rs. 4,000/- towards monthly salary by Opposite Party No. 1 and he was aged 38 years at the time of accident. The deceased died due to the accident occurred during the course and out of employment with Opposite Party No. 1, and as such, Opposite Party No. 1, being the owner of lorry and Opposite Party No. 2- being the insurer of the lorry, are liable to pay compensation of Rs. 3,79,120/-.

(3.) Opposite Party No. 2 - insurance company filed counter before the Commissioner denying the relationship between the deceased and Opposite Party No. 1 as employee and employer, and as such, the question of claiming wages does not arise. Further, it was stated that there are no substantial documents to prove that the deceased was aged 38 years at the time of the accident as well as the accident occurred during the course and out of employment with Opposite Party No. 1. It was also stated that the applicants have to prove that the deceased- driver and the cleaner- cum-driver had possessed valid driving licence at the time of accident.