NATIONAL INSURANCE CO LTD Vs. RAJALA LAKSHMI

JUDGEMENT

(1.) THIS appeal has been filed by the insurance company against the order dated 10. 10. 2006 in W. C. Case no. 41 of 2004 on the file of the Assistant commissioner of Labour, Circle I, Visa-khapatnam.

(2.) THE respondent No. 1 is the wife of the deceased Simhachalam. She filed the said application under Workmen's Compensation Act claiming compensation of rs. 2,07,980. The deceased Simhachalam worked as driver since two years on the tractors bearing Nos. ABP 5910 and ABP 5911 belonging to the owner of the tractor and trailer, opposite party No. 1. The vehicles were insured with the appellant and the policy is valid from 24. 3. 1998 to 23. 3. 1999. On 10. 12. 1998 at about 8 p. m. , on the instructions of the owner, deceased took the tractor and trailer for ploughing the land of one Vijaya Narayana Raju and when he was driving the same, the tractor and trailer suddenly turned turtle and the deceased fell down and died on the spot, therefore, the wife of the deceased filed the application claiming compensation against the owner and the insurance company.

(3.) THE opposite party No. 1, being the owner, contended that he is the owner of the vehicles and opposite party No. 2 is the insurer. The policy was valid as on the date of alleged accident. He denied employment of the deceased and the accident and requested to dismiss the application.