BATTU MADHAN Vs. B. SAI LAXMI

JUDGEMENT

(1.) THIS appeal is filed under Section 30 of the Workmen's Compensation Act, 1923 [renamed as Employee's Compensation Act, 1923] (for short 'the Act') partly aggrieved by the order in W.C. No. 212 of 2002 (NF) of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad (for short 'the Commissioner').

(2.) THE appellant, cleaner of lorry bearing No. AP25T 348, filed an application under Section 22 of the Act before the Commissioner claiming compensation of Rs. 4,00,000/ - for the personal injuries sustained by him in the accident involving the said lorry. The appellant pleaded that he is under the employment of respondent No. 1 as a cleaner and that in the course of his employment, he was travelling in the lorry from Adarshanagar to Kanteshwar on 24.04.2001 and that when the lorry reached the place near Rythu Bazar, Subashnagar, Nizamabad, the driver has lost control over it, as a result of which, it fell down resulting in multiple injuries to him and the driver. The appellant pleaded that he received fracture on right shoulder clavicle, injuries on head, back, hands, chest and other parts of the body, that as the said injuries were sustained in the course of employment of respondent No. 1, the said respondent and respondent No. 2, which is the insurer of the vehicle, are liable to pay compensation.

(3.) RESPONDENT No. 1, owner of the lorry, filed a counter affidavit, wherein he admitted the accident and also the employment of the appellant with her. She has stated that the lorry was insured with respondent No. 2 and that the insurance was valid from 09.09.2000 to 08.09.2001. Respondent No. 2 filed a counter affidavit denying all the material allegations.