NEW INDIA ASSURANCE CO LTD Vs. KURVA NAGAMMA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal arises out of Order, dated 17 -11 -2004, in W.C.No.15 of 2003 (F) on the file of the Commissioner for Workmens Compensation and Assistant Commissioner for Labour at Mahabubnagar (for short the Commissioner).

(2.) RESPONDENT No.5, who is the owner of tractor and trailer bearing registration Nos.AP 26 T 3218 and AP 26 T 3219 respectively, engaged one Kurva Chandraiah (hereinafter referred as the deceased) as a labourer on a monthly salary of Rs.4,000/ -. The said Chandraiah died in an accident, during the course of his employment, on 28 -05 -2001. Therefore, respondent Nos.1 to 4, who are the wife and minor children of the deceased, filed the W.C. against respondent No.5 and the appellant herein.

(3.) IT is the case of respondents 1 to 4 that on 28 -05 -2001, the deceased and other labourers loaded gravel into the tractor at a well in the limits of Rangareddipally Village and that, while the deceased was on the spot, the driver of the tractor and trailer drove the same in reverse direction with high speed and in negligent manner and dashed against the deceased, as a result of which the deceased was crushed under the tractor and died on the spot. A claim for compensation of Rs.3.00 lakhs was, therefore, made.