NEW INDIA ASSURANCE CO LTD Vs. B LALITHA

JUDGEMENT

(1.) Aggrieved over the Award dated 14-6-2004 passed in W.C. No.60 of 2003 by the learned Commissioner for Workmen's Compensation & Assistant Commissioner of Labour- IV, at Hyderabad, the Insurance Company filed the present appeal.

(2.) Brief facts of the case are as follows: The deceased by name B. Vittal was engaged as labourer on 7-8-2003 by the third respondent herein on his lorry bearing No. AP.7V 5567 for unloading Ammonium Nitrate bags from the said lorry in the premises of the Inax Products Company. It was averred in the claim petition that on that fateful day, at about 11.00 a.m. while the deceased was unloading the 50 Kg. bags of Ammonium Nitrate from the above said lorry of the third respondent, the deceased fell down due to slipping of his leg, resulting which, the 50 Kg. bag fell on the deceased. As a result of which, the deceased sustained grievous injuries. Immediately, he was shifted to nearby hospital and from there, he was shifted to Gandhi Hospital, wherein, while undergoing treatment, he died on 11-8-2003. A case in Crime No.243 of 2003 was registered on the file of the Police Station, Patancheru. Thereafter, inquest and postmortem were conducted on the dead body of the deceased. It was further averred that the deceased was being paid Rs.150/- per day towards his wages and he was aged 35 years at the time of accident. Therefore, the applicants filed the above said claim petition, claiming compensation of Rs.3,50,000/-.

(3.) The third respondent herein, who is the first Opposite Party before the Tribunal, filed counter denying all the averments made in the claim petition. However, he admitted the registration of the case by the police and also coverage of insurance to his lorry by the second opposite party and therefore, prayed for dismissal of the claim petition against him.