P.KRISHNAIAH NAIDU Vs. P.NAGAMANI

JUDGEMENT

(1.) The present appeal is filed under Sec. 30 of Employees Compensation Act, questioning the order in W.C.No.06 of 2003 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Tirupati dtd. 21/2/2005.

(2.) The parties are referred to as per their nomenclature before the Commissioner.

(3.) The facts leading to this appeal are as under: One P.Vara Prasad was employed as a driver by O.P.No.1 in lorry bearing No.ADC-1859. On 20/2/2002, while the deceased was driving the lorry, collided with KSRTC Bus bearing No.KA 01 F-7167 near Medarimitta on Banglore Vijayawada road and as a result of the accident, the deceased driver died on the spot. The Medarimitta P.S., registered a case under Sec. 304-A and Sec. 337 I.P.C., in Crime No.5 of 2002 against the driver of KSRTC Bus. The father of the deceased filed the claim petition seeking compensation of Rs.5,00,000.00 as the deceased was employed by Opposite Party No.1 on a monthly salary of Rs.4,000.00 with batta at Rs.100.00 per day. In the claim application, the policy number of the vehicle was specifically mentioned as 051601/31/01/64268. 3. The O.P.No.1 refused to receive notice and was set ex parte on 17/11/2003. The insurance company/O.P.No.2 filed their counter disputing the claim, non-joinder of necessary parties, employment and sought for dismissal of the claim. No specific plea was taken disputing the policy number specifically mentioned in the claim petition.