ORIENTAL INSURANCE COMPANY LIMITED Vs. CHUKKALA ESHWARI

JUDGEMENT

(1.) The present civil miscellaneous appeal is filed under Sec. 30 of the Employees Compensation Act, 1923 against the order dtd. 5/6/2009 in W.C.No.25 of 2006 passed by the Assistant Commissioner of Labour, Tenali.

(2.) The facts leading to this appeal are as under: The deceased-Chukkala Appa Rao worked as a driver under respondent No.5 herein on his lorry bearing No. AP - 16TV - 1557 in which the appellant was the insurer. It was pleaded that the deceased-Chukkala Appa Rao along with cleaner Modumedi Prasad had started from Nagpur to Hyderabad on 28/8/2005 with a load of iron channels and in the course of their journey, they had their dinner at Kukunurpalli Dabha and thereafter they resumed their onward journey towards Hyderabad. At that point of time, the deceased informed the cleaner that he was having pain in the chest and entrusted the lorry/trailer to drive. After reaching Grameena Bank, Kukunurpalli Village, Medak District, the cleaner noticed that the deceased-Chukkala Appa Rao died due to heart attack. Thereupon, the case for compensation was filed by the wife and her two children and mother. It was their case that the deceased was on duty continuously and was driving the lorry for long distances and the heart attack caused to the deceased was due to stress and strain of driving the vehicle. The factum as the deceased had died enroute in the course of work, the Station House Officer, Kukunurpalli Police Station had registered Cr.No.85 of 2005 under Sec. 174 Cr.P.C.

(3.) The insurance company filed their counter opposing the same. The owner of the vehicle was called absent and was set ex parte on 26/6/2006. In the course of enquiry, A.Ws.1 and 2 were examined i.e. wife of the deceased and husband of the owner of the vehicle Sri P.V.Durga Reddy and Exs.A.1 to A.6 were filed to support their case for compensation.