UNITED INDIA INSURANCE CO. LTD. Vs. SHAIK JEELANI

JUDGEMENT

(1.) This appeal is filed by the Insurance Company - Opposite Party No.2 aggrieved by the Award passed by the Commissioner for Workmen 's Compensation and Assistant Commissioner of Labour, Khammam, in W.C. Case No.27 of 2002 (N.E.), dated 30.06.2004. Respondent No.1 is the applicant and the respondent No.2 is the Opposite Party No.1.

(2.) The parties are hereinafter referred to as they were arrayed in the WC case.

(3.) The case of the applicant - respondent No.1 was that he was employed by the Opposite Party No.1 - respondent No.2 as a Driver and worked for four years as driver on the lorry bearing No.AP 16 V 7448 and was paid Rs.4,000/- per month. On 31.12.1999 at 1.00 P.M., he drove the vehicle to the godown of Opposite Party No.1 situated in Gollagudem Basthi of Kothagudem and loaded empty plastic bags of 25,000 in the lorry, out of which two bundles could not be loaded as the lorry was filled in full capacity and kept those two bundles in the cabin. The cleaner of the lorry, Mohd.Azeez Khan, while attempting to throw the empty bundles from the cabin into the body of the lorry, accidentally came into contact with 11 K.V. live electric wire and sustained severe burnt injuries. The applicant tried to rescue the cleaner but, the electric shock transmitted through the iron body of the lorry, pulled him towards the lorry without allowing him to be released. Due to this, the applicant sustained grievous injuries on the left and right feet and hand fingers. The cleaner died due to the electric shock. The applicant submitted that he lost grip of his left foot totally and partially of right foot fingers and became useless in driving. He claimed compensation of Rs.3,00,000/- against the Opposite Parties No.1 and 2, who were the owner and Insurer of the lorry, respectively.