ANDE NAGA JYOTHI Vs. GORLA NEGI REDDY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Section 30 of the Workmen's Compensation Act, 1923, is filed by the applicants, aggrieved by the award passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-1, Guntur, in W.C. Case No.543 of 1996.

(2.) The appellants herein have filed application before the Tribunal below claiming Compensation of Rs.2,00,000/- against the respondents-opposite parties, on account of accidental death of the deceased, by name, Ande Anneswara Rao on 14-9-1996. it was the case of the applicants that the deceased was working as driver with O.P. No.1 and, was driving tractor bearing No.A.P. 7E.6328 and on 14-9-1996, while he was driving the said tractor for preparing the wet land for plantation of paddy, the tractor turned turtle. it was their case that in the said accident, the deceased received grievous injuries and died. On a complaint to the polie, a case was registered in Cr. No.69 of 1996 on the file of the Polie Station, Medikondur. it was the further case of the applicants that the deceased was aged about 28 years and was earning Rs.1,800/- per month as wages. Compensation was claimed on account of loss of dependency ete., f rom the O.P. Nos. 1 and 2.

(3.) The respondents herein, who were the Opposite Parties 1 and 2, contested the proceedings before the Tribunal belovv. The first respondent-O.P. No.1, vvhile admitting, that the deceased was vvorking as driver, and died during the course of employment, it was his case that, as much as the tractor was insured with the second respondent-O.P. No.2, he is not liable to pay any Compensation. it was the case of the second respondent- O.P. No.2-lnsurer that the tractor of the first respondent-O.P. No.1 was not insured with them and the Compensation claimed was excessive and exorbitant.