NEW INDIA ASSURANCE COMPANY LTD Vs. DEVALLA CHINNAIAH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed under Section 30 of the Workmen's Compensation Act (for short 'the Act') assailing the order, dated 30-09-2000, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad (for short 'the Commissioner'), in W.C.No. 94 of 1998.

(2.) Respondents 1 to 4 submitted a claim alleging that one Devulla Venkati, son of respondents 1 and 2 and brother of respondents 3 and 4, was employed as a labourer under the 5th respondent to work on a Tractor bearing No. AP-25-B-992 and Trailer bearing No. AP-25-B-993. It was stated that on 24-03-1998, on account of rash and negligent driving of the Tractor by the driver, Devulla Venkati sustained injuries and subsequently died on account of the same. Crime No. 15 of 1998 is said to have been registered in the Police Station, Kundanpur. They pleaded that the deceased was aged about 20 years and was being paid daily wages. The appellant herein, the insurer of the vehicle, resisted the claim.

(3.) On behalf of respondents 1 to 4, P.Ws.1 to 3 were examined and Exs.A-1 to A-8 were marked. The 5th respondent filed counter affidavit denying the relationship of employer and employee between himself and the deceased. The 5th respondent was examined as R.W.1 and Exs. B-1 to B-3 were marked. No evidence was adduced on behalf of the appellant. On a consideration of the pleadings and evidence before him, the Commissioner awarded a sum of Rs. 2,01,600/- as compensation.