NATIONAL INSURANCE COMPANY Vs. GOPAGANI VIMALA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Section 30 of the Workmen's Compensation Act , 1923, is filed by the appellant/Insurance Company, challenging the order, dated 19.05.2008, passed in W.C.No.9 of 2007 by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-II, Ranga Reddy District at Hyderabad ('the Commissioner', for brevity).

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The respondent No.1/applicant No.1 is the wife, respondent Nos.2 & 3/applicant Nos.2 & 3 are the children and the respondent No.4/applicant No.4 is the mother of the deceased-G.Venkatesh. They filed a claim petition before the learned Commissioner contending that the deceased was working on Eicher Van bearing registration No.AP-29-T-3255 under the employment of respondent No.5/owner of the Eicher Van. On 30.03.2006, at about 04:00 AM, when the said Eicher Van reached the outskirts of Dakamarri village of Visakhapatnam District, the driver of the Eicher van drove the same in rash and negligent manner and dashed against a stationed lorry bearing registration No.AP-31-W-72, as a result of which, the deceased, who was sitting in the cabin of the Eicher van, sustained fatal injuries and died on the spot. Hence, the appellant/Insurance Company and the respondent No.5/owner of the Eicher Van are jointly and severally liable to pay a compensation of Rs.5,00,000/-.