ORIENTAL INSURANCE COMPANY LIMITED Vs. SAI KRISHNAVENI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order of the Commissioner for Employees Compensation Act and Assistant Commissioner of Labour, Narsapuram, West Godavari District (hereinafter called as "the Commissioner"), in W.C.No.05 of 2010 dtd. 5/11/2014.

(2.) The insurer of the lorry bearing No.AP 16T 2057 belonging to the 6th respondent herein is the appellant. The respondent Nos.1 to 5 herein are the applicants.

(3.) Respondent Nos.1 to 5/applicants herein filed the said W.C. claiming compensation of Rs.3,00,000.00 for the death of Sri Sai Adinarayana (hereinafter called as "the deceased"), who died in an accident that occurred on 15/3/2010 during the course of his employment. They stated in the application before the Commissioner that the deceased was employed as a loading and unloading worker by the 6threspondent on his lorry bearing No.AP 16 T 2057. On 15/3/2010, while returning from Razole after loading coconuts in the said lorry, near Coconut Mini Hospital, Narasapur, at about 12.00 p.m the driver of the lorry dashed the stationed lorry to avoid dashing of the car, which was coming in opposite direction. As a result of which, the deceased sustained severe injuries. Immediately he was shifted to the Government Hospital, Palakol, for treatment, where he was declared as died. At the time of accident, the deceased was aged about 40 years and earning Rs.4,000.00 p.m including batta. The appellant being the insurer and the 6threspondent herein being the owner of the vehicle are jointly and severally liable to pay compensation.