ORIENTAL INSURANCE CO. LTD. Vs. VENGALASETTY MUNEMMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred under Sec. 30 of Workmen's Compensation Act, 1923 (in short 'The Act') against the impugned order dtd. 29/10/2008 in W.C. No.7 of 2007 on the file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Tirupathi (hereinafter be referred to as "Commissioner").

(2.) The appellant herein was the Opposite Party No.2 and the respondents herein were the applicants and Opposite Party No.1 before the learned Commissioner. For the sake of convenience, the parties hereinafter will be referred to as arrayed before the learned Commissioner.

(3.) Case of the applicants in brief is that the deceased V.Venkata Ramana is the son of the first applicant and applicants 2 & 3 are the brothers of the deceased. He worked as lorry cleaner under the O.P.No.1 and on his instruction, on 26/10/2006 at 9.00 PM, he along with lorry driver Chandra Mouli, left from Rajampet with load of Banana to Tadipatri and when they reached near Palempalli petrol bunk bypass road, the driver of the lorry drove the vehicle in a high speed and dashed to the rear side of a stationed tipper. Both driver and cleaner died in the said accident.