P NARASIMHA REDDY Vs. K RAMACHANDER

JUDGEMENT

(1.) This C.M.A is filed under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') against the order dated 20-5-2001, passed by the Commissioner for Workmen's Compensation & Assistant Commissioner of Labour-l (hereinafter referred to as 'the Commissioner'), in W.C.No.82 of 1999, dismissing the claim of the appellants.

(2.) W.C.No.82 of 1999 was presented before the Commissioner alleging that the son of appellants 1 and 2, and brother of appellant No.3 by name, Mahipal Reddy, was employed as Driver of a seven-seater auto bearing NO.AP-23-T-5214, belonging to the 1st respondent. It was alleged that accident occurred on account of the collision of the said vehicle with another unknown vehicle at 3.00 a.m. on 29-9-1999, when it was proceeding from Patancheru to Ghanpur, and that the said Mahipal Reddy died in the accident. A sum of Rs.2,50,0007- was claimed as compensation, by stating that the deceased was aged 20 years at the time of accident and that he was being paid the salary of Rs.2,000/- per month. The vehicle was insured with the 2nd respondent.

(3.) The 1st respondent filed counter affidavit admitting that the deceased was employed under him, and that he died in the accident that took place on 29-9-1999. It is also stated that since the vehicle is insured with the 2nd respondent, he cannot be made liable to pay any compensation. The 2nd respondent filed counter affidavit contending that the deceased was not working as driver, when the accident took place. Rest of the contents of the claim petition were also denied.