KALEWAR PADMA Vs. M. VASUDEV

JUDGEMENT

(1.) Dissatisfied with the order dtd. 8/10/2012 in W.C. No.8 of 2009 F passed by the Commissioner for Employees Compensation and Assistant Commissioner of Labour, Nizamabad (for short 'the Commissioner'), the applicants have filed the present appeal.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the Commissioner.

(3.) The brief facts of the case are that the applicants have filed an application claiming compensation of Rs.5,00,000.00 for the death of Kalewar Raj Ganga Ram in the accident that occurred on 27/11/2002. It is stated that the deceased was working under the opposite party No.1 as labourer on his trailer bearing No. AP 25 D 9653 towed to the tractor bearing No. AP 25 F 7244 and he was being paid Rs.5,000.00 per month as salary and bata of Rs.50.00 per day and he was aged 31 years. While so, on 27/11/2002 at 9-30 a.m. the deceased workman was traveling as labour of the opposite party No.1 in trailer bearing No. AP 25 D 9653 towed to the tractor bearing No. AP 25 F 7244 under the instructions of the opposite party No.1 from Kona Samudram to Karepally shivar for bringing cow dung. When it reached the limits of Mendora shivar, the driver of tractor drove it in a rash and negligent manner and could not control it, as a result of which, the tractor and trailer turned turtle. Due to which, the deceased workman and others sustained injuries and the deceased died while undergoing treatment. The Police, Bheemgal P.S. registered a case in crime No.128 of 2002 under Ss. 304-A and 337 IPC. As the accident occurred during and in the course of employment of the deceased workman under opposite party No.1 owner of the trailer bearing No. AP 25 D 9653 and it was insured with the opposite party No.2, opposite party Nos.1 and 2 are jointly and severally liable to pay compensation of Rs.5.00 lakhs to the applicants.