UNITED INDIA INSURANCE CO LTD Vs. VAGGU BALRAM

JUDGEMENT

(1.) SINCE these two appeals arise out of the same accident they are being disposed of by a common judgment.

(2.) ALLEGING that their son Sri Krishnaiah, hereinafter referred to as the "deceased", who was employed by R. Balakrishna Reddy on his truck bearing No. AP 11v 7326 as a driver on a monthly salary of Rs. 4,000/- died due to an accident that occurred on 27-11-2001 at about 2. 00 a. m. , out of and during the course of his employment with the said Balakrishna Reddy, V. Balaram and Laxmamma, the parents of the deceased filed WC No. 40/2002 before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-III, Hyderabad seeking compensation of Rs. 5 Lakhs on the basis that the deceased was aged about 19 years at the time of his death. Balakrishna Reddy, the employer of the deceased (the employer) admitted his employing the deceased with him and also the accident. The United India Assurance Company Limited, (the insurer) filed its counter denying the allegations in the claim petition and putting the claimants to proof of the averments in the petition. The father of the deceased examined himself as AW1 and marked Exs. A1 to A6. The employer examined himself as RW1 and got marked Ex. R1. No oral evidence was adduced by the insurer, but Ex. D-1 was marked on its behalf. The Commissioner held that in view of the admission of RW-1 that he was paying Rs. 3,500/- per month as salary to the deceased, and in view of Ex. A-6 certificate issued by the Zilla Parishad High School, Lingal, Mahaboobnagar District, which shows the date of birth of the deceased as 14-12-1982, awarded a compensation of Rs. 3,96,165/- to the claimants. Aggrieved by the order passed against it the insurer preferred CMA No. 2963 of 2003 and aggrieved by the order of the Commissioner in not granting interest on the compensation awarded, the claimants preferred CMA No. 3192 of 2003.

(3.) THE point for consideration are (i) to what amount of compensation the claimants are entitled to and (ii) what is the rate of interest, if any, claimants, are entitled to and from when.