V.ANJAIAH Vs. P.KRISTAPPA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred against the impugned order dtd. 12/10/2009 in W.C.No.28 of 2006 on the file of the Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Ananthapur.

(2.) The appellants herein are the claimants and the respondents 1 and 2 herein are the Opposite Parties 1 and 2 before the learned Commissioner. For the sake of convenience, the parties will be referred as they are arrayed before the learned Commissioner.

(3.) The applicants, being the children of deceased V. Yerramma, filed the W.C. claiming compensation of Rs.2,00,000.00 from Opposite Parties 1 and 2 for the death of deceased V. Yerramma, who was working as employee of Opposite Party No.1. On 18/2/2005 the deceased Yerramma and others were engaged by the Opposite Party No.1 for the work and they boarded a tractor and trailer bearing No.AP-02-U-1321 and AP-02-U-1322 and at about 6.00P.M., they proceeded from Chinnakowkuntla village to PABR dam to transport mud to the fields of Opposite Party No.1 at Peddikowkuntla village. While the tractor proceeded and reached at 4 KMs, the driver drove the vehicle at a high speed rashly and negligently in a zigzag manner, as a result of which, the trailer turned into the ditches and the workers travelling therein were thrown from the tractor, due to which Yeramma and Sreenivasulu died and other coolies sustained injuries. The deceased Yerramma died during the course of her employment and she was earning Rs.3,000.00 per month from the Opposite Party No.1. She was aged about 50 years at the time of accident. The claimants being the children of deceased Yerramma sought for compensation of Rs.2,00,000.00. The Opposite Party No.1 filed his counter admitting the relationship of employer and employee between himself and the deceased Yerramma. He denied the age of the deceased, the liability of payment of compensation and claimed that the compensation is excessive.