NATIONAL INSURANCE CO LTD Vs. NAMGUNDLA ESWARAMMA

JUDGEMENT

(1.) The Appellant herein filed this Appeal under Sec. 30 of Workmen's Compensation Act, against the Order and Decree dtd. 17/6/2008 passed in W.C.No.145 of 2004 by the Court of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour: Kadapa, whereby the learned Tribunal has granted a total compensation of Rs.2,78,594.00 with interest at 7.5% p.a from the date of filing of petition i.e on 9/12/2004 till realization for the death of the deceased employee in the accident that was occurred on 27/10/2004.

(2.) The appellant herein is the 2nd opposite party; 4th respondent herein is the 1st opposite party; respondents 1 to 3 herein are the applicants 1 to 3 before the learned Tribunal.

(3.) The respondents 1 to 3 herein have filed a claim petition before the Court below alleging that on 27/10/2004 at about 8.00 a.m while the deceased Raghunadha Chari was proceeding from Karnataka to Chennai in the lorry bearing No. KA 03 B 7659 as cleaner and at about 3.30 p.m when the lorry possed Vontimitta near Malkatipalli Cross roads on KadapaRajampet road, the driver drove the lorry in a rash and negligent manner and hit the neam tree, as a result, the deceased was sustained grievious injuries and died on the spot. A case in Crime No. 73 of 2004 was registered against the driver of the lorry by Vontimitta Police. After death of the deceased, the respondents 1 to 3, who are mother, wife and son have approached the opposite parties with a request to pay compensation, but in vain. Hence they approached the Commissioner for Workmen's Compensation & Deputy Commissioner of Labour, Kadapa.