TADI SATYANARAYANA Vs. MADDU MALLA RAO

JUDGEMENT

(1.) THE instant appeal is directed against the order dated 3. 9. 1999 passed by the learned Commissioner for workmen's Compensation and Assistant commissioner of Labour-I Circle, Guntur, in w. C. Case No. 335 of 1996.

(2.) THE unsuccessful applicant is the appellant. He preferred the claim before the Commissioner under the Workmen's compensation Act (for brevity 'the Act')for an amount of Rs. 2 lakhs as compensation for the injuries sustained by him arising out of an accident during the course of his employment. According to him, he was working as Driver of the Zeep bearing no. AP-5t/6073, the original owner of which was the first respondent (Opposite Party no. 1) who transferred the Zeep on the same day of his purchase in favour of the second respondent (Opposite Party No. 2 ). The applicant had been working as Driver under Opposite Party No. 2 since four months preceding the date of accident. On 2. 6. 1996 while he was driving the Zeep with passengers and a dead body from Guntur to reach Vemavaram Village, at Machavaram village the Zeep fell into a pit and turned turtle and as a result of which the applicant received grievous injuries resulting in permanent disability. A case in crime No. 37/ 1996 by Machavaram Police was registered. The applicant sustained fractured injuries to his spinal card and neck and operation was conducted to his spinal card and as a result he cannot walk and was confined to bed. He was hale and healthy prior to the accident and was aged 30 years and drawing a salary of Rs. 1,300/- per month besides getting Rs. 300/- to Rs. 400/- per month as batta. Hence, the claim.

(3.) THE first respondent remained ex parte.