NEW INDIA ASSURANCE CO LTD Vs. SHAHAZADI BEGUM

JUDGEMENT

(1.) The present appeal is directed against order dtd. 21/12/2004 passed in W.C.No.62 of 2003 by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, wherein and whereby the claim made by the first respondent herein for the death of her husband in a motor vehicle accident that occurred on 7/6/2003, was partly allowed by granting compensation of Rs.3,66,561.00 with interest @ 6% per annum from the date of accident till realization and ordered respondent Nos.1 to 2 to pay jointly and severally.

(2.) Aggrieved by the said order, the present appeal is at the instance of the 2nd respondent/insurance Company before the Assistant Commissioner of Labour. The 1st respondent herein is the claimant and respondent Nos. 2 to 7 are the legal heirs of respondent No.1, wife of the deceased, and 8th respondent is the first respondent in the claim petition. For convenience, the rank of the parties as they were referred in the claim petition, is maintained.

(3.) The facts which are not in dispute are that the deceased was traveling in the crime vehicle when the accident occurred. There is also no dispute that the deceased died while the vehicle was plying on the road owned by the first respondent, it is also not in dispute that deceased died in the said accident. It is also not in dispute that at the time of incident, cleaner was driving the vehicle and he was not holding any driving licence.