NEW INDIA ASSURANCE COMPANY LTD. Vs. FAZLUNNISA BEGUM

JUDGEMENT

(1.) The present C.M.A is filed under Sec. 30 of the Employees' Compensation Act, 1923 against the Order in W.C.No.5 of 2002 dtd. 8/1/2004 on the file of the Assistant Commissioner of Labour for Workmen's Compensation, Adoni, Kurnool District.

(2.) The facts leading to this appeal are as follows:- The deceased by name H. Imtiyaz Khan was working as driver of lorry bearing No.KA 36 A 1188 owned by O.P.No.I. While the lorry was being driven by the deceased on 7/12/2002, the lorry met with an accident and fell on the side of the road in the village limits of Adoni- Virupapuram road near Adoni town. The deceased died in the accident. The Adoni Taluk P.S., registered the Crime No.62/22002 under Sec. 337 and 304-A IPC. As the deceased was aged about 32 years at the time of accident, employed by O.P.No.I and earning an amount of Rs.3,500.00 per month as salary, the mother and the brothers of the deceased filed the claim for compensation.

(3.) The O.P.No.I remained ex parte. The O.P.No.II filed counter admitting the accident and the death of the deceased and admitted to the existence of the policy in respect of the offending lorry as on the date of the accident.