SHRIRAM INSURANCE CO. LTD. Vs. BANDARU NARAYANAMMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by Shriram Insurance Co. Ltd. aggrieved by the award dtd. 29/9/2015 passed in W.C.No.07 of 2012 on the file of Commissioner for Workmen's Compensation and the Assistant Commissioner of Labour, Dharmavaram.

(2.) The brief facts of the case are that wife and children of the deceased filed W.C.No.07 of 2012 claiming compensation of Rs.10,00,000.00 on account of death of the deceased due to his involvement in an accident. The deceased worked as driver of van bearing No.AP 02 W 4863, belongs to opposite party No.1. On 26/9/2011, the deceased drove the vehicle loaded with oranges from Battalapalli to Devanahalli on Bangalore-Ballery road. In the middle of the journey, the deceased stopped the vehicle on the extreme left side of the road and went to Dhaba and while he was returning from the dhaba, rider of scooter bearing No.KA 04 1029 drove it in a rash and negligent manner and hit the deceased, due to which the deceased sustained serious head injuries. Immediately he was shifted to Devanahallil hospital and from there he was referred to NIMHANS, Bangalore. The deceased died on the way to NIMHANS hospital. As the deceased died during the course of employment under opposite party No.1, the present claim is filed.

(3.) Opposite party No.1 remained exparte before the learned Commissioner.