CHINDAM POCHAMMA Vs. R. ANJAIAH

JUDGEMENT

(1.) This Appeal is filed by the legal heirs of the deceased workman against the order passed by the Commissioner for Workmen 's Compensation and the Assistant Commissioner of Labour, Ranga Reddy District-II, Hyderabad dismissing the Application of the applicants in W.C.No.6 of 2005 by order dt.07.11.2006 without awarding any compensation.

(2.) Brief facts leading to filing of this Appeal are that one Chindam Raju @ Rajaiah, aged about 30 years, was engaged as a driver of Tata Sumo bearing No.AP35B 3636 and on 06.02.2005 at 3.30 P.M. it met with an accident and the deceased died due to grievous injuries sustained by him. The legal heirs of the deceased filed an Application before the Commissioner for Workmen 's Compensation seeking a compensation of Rs.5,00,000/-. Opposite Party No.1, owner of the Tata Sumo, appeared and stated that the Tata Sumo was given to a mechanic for general repairs and servicing and that the deceased along with other friends and co-workers who were employed in the nearby petrol bunk to the mechanic shop, had taken the said vehicle and met with an accident and died. It was stated that Opposite Party No.1 was being falsely implicated in the said case stating that the deceased is the employee of Opposite Party No.1. Thus, the Opposite Party No.1 categorically denied the employment of the deceased as a driver on his Tata Sumo bearing No.AP35B 3636.

(3.) The insurance company has also filed a counter denying all the averments made in the Application and specifically denied the employment, the accident, the wages received by the deceased under Opposite Party No.1.