THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, SANJEEVA NAGAR, R.S. ROAD, NANDYAL, KURNOOL DISTRICT, ANDHRA PRADESH Vs. EEEPANAGALLA PEDDA SEETHAIAH AND OTHERS

JUDGEMENT

(1.) - This appeal is preferred against order dated 31-07-2004 in W.C.No. 36/2004 on the file of Commissioner for Workmen's Compensation and Assistant Commissioner for Labour, Cuddapah.

(2.) Respondents 1 to 3 herein submitted application to Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Cuddapah contending that deceased Mastanvalli, while driving Jeep on 30-09-2002 and when it reached T. Kothapalli Village of Mydukur Mandal, he lost control of the vehicle due to heavy rain and that the vehicle turned turtle, sustained severe injuries and died while undergoing treatment at Ranga Simha Hospital, Mydukur. The claimants, being legal representatives of the deceased, are entitled for compensation of Rs. 4,00,000.00. Appellant herein i.e., Insurance Company mainly contended that the deceased had no valid and effective driving licence to drive the vehicle on the date of the accident and that Insurance Company is not liable to pay any compensation. On these contentions, lower authority conducted enquiry and on a consideration of evidence and the submissions of both sides, discarded the objection of the Insurance Company and granted compensation of Rs. 3,07,776.00 besides stamp duty of Rs. 616.00. Aggrieved by which, present appeal is preferred.

(3.) Heard both sides.