NEW INDIA ASSURANCE CO.LTD. Vs. N.ANJILAMMA

JUDGEMENT

(1.) This appeal is filed by the Insurer against the order dated 28.04.2004 passed in W.C. No.159 of 2003 by the Commissioner for Workmen 's Compensation and Assistant Commissioner of Labour-III, Hyderabad (for short 'Commissioner ').

(2.) The parties are hereinafter referred to as they were arrayed before the Commissioner.

(3.) The family members of the deceased workman filed the application before the Commissioner claiming compensation of Rs.4,00,000/- contending that the deceased was an employee working as a lorry driver in the employment of the Opposite Party No.1 on the lorry bearing No.AP 9X 3002 and on 16.10.2003 while he was proceeding on the said lorry, carrying sand, travelling from Kurnool to Hyderabad on NH-7 and when reached near Malle Bowenpally village, stopped the lorry to attend the nature call and while trying to cross-over the road, an unknown vehicle dashed against him and he died on the spot.