NEW INDIA ASSURANCE COMPANY LTD. Vs. ARLABU RAMANA

JUDGEMENT

(1.) The present C.M.A is filed under Sec. 30 of Workmen's Compensation Act, 1923 questioning the Order dtd. 3/6/2011 in W.C.No.29 of 2008 passed by the Commissioner for Workmen's Compensation & Deputy Commissioner of Labour, Narsipatnam, Visakhapatnam District.

(2.) The O.P.No.2-Insurance Company is the Appellant herein.

(3.) The facts leading to filing of the present appeal are as follows:- The Claimants are parents and siblings of one Arlabu Maheswari (hereinafter referred to as 'deceased'). The deceased used to attend labour work and assisting her family. On 20/10/2006, the deceased was engaged as a labourer by O.P.No.1 along with other labourers for the purpose of loading and unloading on the Tractor & Trailer bearing Nos.AP-30-T-4106 & AP-30-B-7203. While so, when the deceased and other labourers were being taken in the tractor and trailer on the said date, the vehicle met with an accident near Dabbadabalanna Garuvu, opposite Pothurajugudi Kujjali of Paderu Mandal, Visakhapatnam District and turned turtle due to negligent driving of the driver of the vehicle, as a result, the deceased sustained injuries and died on the spot. A criminal case was registered by the S.H.O. Paderu P.S., vide Cr.No.75 of 2006 under Ss. 304-A, 338, 337 IPC against the driver of the vehicle.