UNITED INDIA INSURANCE COMPANY LTD Vs. MAMILLA SUJATHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by United India Insurance Company Limited aggrieved by the Order dtd. 17/10/2015 passed in F.C.No.10 of 2012 by the Commissioner for Employees Compensation and Assistant Commissioner of Labour, Ananthapuramu.

(2.) The brief facts of the case are that respondent Nos.1 and 2, who are wife and daughter of the deceased filed E.C.No.10 of 2012 claiming compensation of Rs.8,00,000.00, on the account of death of the deceased. Deceased died in an accident occurred on 19/1/2012 due to negligence of driver of TATA van bearing No.AP 07 TU 3194. The deceased was working as Salesman in Pepsi Agency Company of opposite party No.1 on a monthly salary of Rs.10,000.00. On 19/1/2012 while the deceased was transporting Pepsi bottles in the subject van, the driver of the vehicle drove it in a rash and negligent manner near O.D. Cheruvu-Nallamda Road and lost control due to which van turned turtle. As a result, the deceased fell down and died on the spot. The van belongs to opposite party No.1 and it is insured with opposite party No.2. As the deceased died during the course of employment, the present claim is filed.

(3.) Opposite party No.1 filed counter wherein the facts with regard to employment, salary of the deceased and his death during course of employment are not disputed. It is averred that the crime vehicle was insured with opposite party No.2 and policy is in force on the date of alleged accident. Therefore, opposite party No.2 alone is liable to pay the compensation. Hence, prayed to dismiss the claim against it.