K SARVESWAR ARAO Vs. KAKARAPARTHI ANJALI DEVI

JUDGEMENT

(1.) This appeal is filed by the owner of the passenger transport vehicle(Bus), first Opposite Party in W.C. No. 7 of 2002, which met with an accident on 27.12.2001 aggrieved by the order of the Commissioner for Workmen's Compensation (Commissioner of Labour) Ongole (for short the Commissioner). Parties herein are referred to as arrayed in the W.C. No. 7 of 2002. Late K. Rama Rao was employed by the appellant as cleaner. He was assigned the duties of cleaner on bus bearing No. AP 27 U 1949. The bus was operating between Hyderabad and Ongole. On the night of 26.12.2001, the bus was returning to Ongole from Hyderabad. At about 4.30 AM on 27.12.2001, when the bus reached Maddipadu en route to Ongole, the driver drove the bus at high speed, hit a goods transport vehicle parked on the road side in the same direction and collided with another goods transport vehicle coming in the opposite direction. In the said accident cleaner received grievous injuries which resulted in his death on the same day. Crime No. 87 of 2001 was registered in Maddipadu police station. No compensation was paid to the dependents of the deceased.

(2.) Wife and mother of the deceased instituted W.C. No. 7 of 2002 on the file of the Commissioner for Workmen's Compensation at Ongole (for short referred to as the Commissioner) claiming compensation of Rupees two lakhs with interest at the rate of 12% per annum. Owner of the vehicle and Oriental Insurance Company were arrayed as first and second opposite parties respectively.

(3.) The Commissioner framed six issues for consideration. Insofar as this appeal is concerned, issue no. 6 is relevant. The issue framed reads as: