NEW INDIA ASSURANCE COMPANY LIMITED Vs. Y. BHAGYAMMA

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been directed against the order dtd. 10/5/2008 in W.C.No.121 of 2004 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-II, Hyderabad (hereinafter referred to as 'Commissioner'). The claim petition in the said case has been filed by respondent No.1 herein seeking compensation for death of one Sri Y. @ N. Ram Reddy (hereinafter referred to as 'deceased') in an accident that occurred on 1/8/2004 and the same was partly allowed granting an amount of Rs.1,77,883.00towards compensation. Aggrieved by the same, the present Civil Miscellaneous Appeal is filed at the instance of the insurance company i.e., opposite party No.2 before the Commissioner.

(2.) The appellant herein is opposite party No.2, respondent No.1 herein is applicant and respondent No.2 herein is opposite party No.1 before the Commissioner. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Commissioner.

(3.) The applicant filed the present claim petition seeking compensation of Rs.2,50,000.00 on account of death of the deceased. The applicant is wife of the deceased. It is her case that the deceased was working as labourer on tractor-trailer bearing Nos. AP 22 U 8702 and 8703 under the employment of opposite party No.1. While so, on 1/8/2004 at about 19:00 hours, the deceased was proceeding from Eppayapalli village to Vaspula village in the said vehicle with load of grass and when the vehicle reached near a rice mill at Nancharla gate, the driver of the tractor-trailer drove the vehicle with high speed in rash and negligent manner, due to which the tractor met with an accident and turned turtle. In the said accident, the deceased sustained grievous injuries and he was shifted to Osmania General Hospital, Hyderabad, for treatment. While undergoing treatment, the deceased died on 2/8/2004 at about 11:25 hours. In this regard, with regard to accident a case was registered in Crime No.84 of 2004 on the file of Mammadabad Police Station and another case was registered in Crime No.682 of 2004 on the file of Police Station Afazalgunj with regard to death of the deceased.