This Civil Miscellaneous Appeal is filed aggrieved by the
order dated 14.08.2014 passed in W.C.No.47 of 2013 on the
file of the Commissioner for Employees’ Compensation and
Deputy Commissioner of Labour-I, Hyderabad (for short ‘the
Commissioner’).
2. Heard Mr. C.Buchi Reddy, learned Standing Counsel
for the appellant – Insurance Company, and Mr. Mohd.
Ismail, learned counsel for respondent No.1.
3. Brief facts:
The appellant herein is the opposite party No.2
(Insurance Company) and respondents herein are the
applicant and opposite party No.1 (owner of vehicle) before
the Commissioner. The applicant was a Driver on lorry
bearing No.AP 25 W 1511, employed with opposite party
No.1. On 03.02.2013, during the course of employment,
when the applicant was proceeding from Nizamabad to
Bodhan with load of cotton bales, at around 23:30 hours,
JAK, J
C.M.A.No.418 _2015
when the lorry reached narrow bridge, Bapunagar Village,
another lorry bearing No.AT J 6217, which was stopped on
the middle of the road (without proper indication), was not
observed by the applicant and rammed the lorry into the
stationary lorry. Due to the accident, the applicant suffered
fracture of tibia and fibula of right leg and fracture of tibia
and fibula of left leg with knee joint. Initially, the applicant
was taken to Government Hospital, Nizamabad, and later
shifted to Gandhi Hospital, Secunderabad, where he was
treated as in-patient. A case in crime No.21 of 2013 under
Section 337 of Indian Penal Code, 1860 (for short ‘IPC’) came
to be registered in P.S. Yedpally, Nizamabad District.
3.1 Lorry is insured by opposite party No.1 vide insurance
policy bearing No.10003/31/13/038003, valid from
21.04.2012 to 20.04.2013. Applicant claimed that he was
being paid monthly wages of Rs.8,000/- and Rs.50/- per day
towards batta by opposite party No.1 at the time of accident
and an amount of Rs.8,00,000/- as compensation against
opposite party Nos.1 and 2 jointly and severally with interest
@ 18% per annum.