ORIENTAL INSURANCE CO. LTD. Vs. KAMIREDDY BHAVANI

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. 27/3/2008 in W.C. Case No.1 of 2007 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nellore(FAC)[in short "Commissioner"].

(2.) The appellant was the Opposite Party No.2, Respondent Nos.1 to 5 were the applicants and Respondent No.6 was the Opposite Party No.1 before the learned Commissioner. For the sake of convenience, the parties will be referred hereinafter as they arrayed before the learned Commissioner.

(3.) The case of the applicants, in brief, is as follows: a. It is stated that the deceased Kamireddy Giridhar @ Giribabu worked as a driver to the Auto bearing No.AP 26 W 8824 of O.P.No.1. On 23/12/2006, while the deceased Giridhar was proceeding near Donthali Cross Road, Nellore Rural Mandal, he sustained injures in an accident arising out of and in the course of his employment due to dashing a TATA Sumo. He died in the said accident. A case was registered by the Police in Crime No.335 of 2006. b. The deceased used to get Rs.6,000.00 per month as wages and he was aged 28 years at the time of the alleged accident. Applicants claimed compensation of Rs.4,00,000.00 against the Opposite Parties.