NATIONAL INSURANCE CO LTD Vs. MUTCHARLA SATYAVATHI

JUDGEMENT

(1.) The respondents No.1, 2 and 3 herein filed the claim petition in W.C. No.6 of 2008 before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Vijayawada (for short "Commissioner"), seeking compensation on the death of the deceased Mutcharla Siva Kumar, who was the driver of the Lorry bearing No.AP16 TU 3404 and died while he was driving lorry from Rajahmundry to Jaipur, Rajastan State with a load of paper on 11/12/2006, on the ground that they were the dependents on the deceased and they lost their bread winner.

(2.) The opposite party No.1 who is the employer admitted in his counter affidavit that the deceased died due to heart attack during the course of employment and he was drawing an amount of Rs.4,500.00 towards salary.

(3.) The opposite party No.2 who was appellant insurance company filed counter affidavit denying all the material allegations made in the application inter alia has taken defense that the deceased driver was not died due to stress and strain during the course of the employment and the death does not come under the accidental death. Hence, the opposite party No.2 is not liable to indemnify the opposite No.1.