UNITED INDIA INSURANCE CO. Vs. MALLAVARAPU DURGA DEVI

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal is filed under Sec. 30 of Workmen's Compensation Act, 1923 assailing the order passed in WC.No.4 of 2014, dtd. 26/9/2016 on the file of the Commissioner for Employees Compensation and Deputy Commissioner of Labour-I, Hyderabad.

(2.) Appellant is the opposite party No.2. Respondent Nos.1, 2, 3 are the applicants, respondent No.4 is the opposite party No.1 in W.C.No.4 of 2014

(3.) Learned counsel for the appellant-opposite party No.2 submits that the learned Commissioner failed to see that respondent Nos.1, 2, 3-applicants failed to establish that the deceased died on 9/5/2013 in a motor vehicle accident during the course of his employment as a driver on lorry bearing No.AP-05-TX-3569 under the employment of Respondent No.4 - opposite party No.1, and they also failed to prove the relationship of the deceased with that of respondent No.4-opposite party No.1 as employee and employer, and that the respondent Nos.1, 2, 3 - applicants failed to produce that the deceased was having a valid driving license as on the date of accident, and they did not file any document to show that they are the legal heirs of the deceased. The compensation claimed is improper and the parents of the deceased are not made as parties as they are alive which is admitted by AW.1 (respondent No.1 herein).