APHC010593152011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 82/2011 Between: The Divisional Manager, Oriental Insurance Company Limited ...APPELLANT AND Garaga Devi Pushpavathi And 6 Others ...RESPONDENT(S) Counsel for the Appellant: 1. S A V RATNAM Counsel for the Respondent(S): 1. I GOPAL REDDY The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.82 of 2011 JUDGMENT: 1. The present C.M.A is filed under Section 30 of Workmen’s Compensation Act, 1923 questioning the Order dated 15.06.2007 in W.C.No.38 of 2006 passed by the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Eluru, West Godavari District. 2. The O.P.No.3-Insurance Company is the Appellant herein. 3. The facts leading to filing of the present appeal are as follows:- The Claimants are the wife, children and parents of one Garaga Satyanarayana (hereinafter referred to as ‘deceased’) respectively. The deceased was working as a Coolie under O.P.No.2 since three years prior to the accident. On 05.12.2005 at about 4.30 a.m. Sri Sainadha Fish Merchants Company, represented by one Kakarla Vishnu Srinivasa Rao of Ganapavaram, approached the O.P.No.2 and engaged the Lorry bearing No. AP-21-W-3182 for transportation of fish load. 4. Accordingly, O.P.No.2 entrusted the work to the deceased and others to load the fish into the lorry. As per the directions of O.P.No.2, the deceased and others went to Dosapadu Village and loaded the fish into the lorry bearing No. AP-21-W-3182 and started along with the fish load for unloading the same at Ganapavaram in Sri Sainadha Fish Merchants Company. While so, when the lorry reached the outskirts of Rachuru Village of Unguturu Mandal, the Driver of the lorry lost control over the vehicle due to high speed and consequently the deceased fell down from the lorry and died instantly. A criminal case was registered by the S.H.O. Chebrole P.S., vide Cr.No.146 of 2005 under Section 304-A of IPC against O.P.No.1 i.e. Driver of the lorry. 3 5. As the death of the deceased occurred during the course of employment and as no compensation was being paid, the claim application was filed by the wife along with her two minor children and parents of the deceased seeking compensation of Rs.4,00,000/-. 6. O.P.Nos.1 & 2 i.e. Driver and employer did not file any counter and they were remained ex parte. 7. O.P.No.3 i.e. Insurance Company filed its counter disputing the claim and pleaded that the deceased was employed under Kakarla Vishnu Srinivasa Rao for loading fish for his company by name Sri Sainadha Fish Merchants Company and therefore disputed the jural relationship of employer and employee between O.P.No.2 and the deceased. The further plea was that O.P.No.2 was the resident of Srilakshmi Nagar, Atmakur, Kurnool District and therefore there is no question of engaging the deceased by O.P.No.2 for loading and unloading the fish in Coastal Districts. 8. It was further pleaded that the deceased was an employee of Sri Sainadha Fish Merchants and the Clerk of the said company by name Adapa Naga Venkata Subrahmanya had engaged the deceased on behalf of the Company. Various other grounds were also raised disputing the claim. 9. On behalf of the Claimants, wife of the deceased was examined as A.W.1 and she reiterated the averments in the claim application and through her Exs.A.1 to A.5 i.e. F.I.R, Motor Vehicle Inspector’s Report, Post-mortem Report, Xerox copy of Driving License of O.P.No.1 and Insurance Policy respectively were marked. 10. One Sri V. Venkateswarlu, Senior Assistant working in the R.T.A. Office, Nandyal was examined as A.W.2 and through him Exs.X.1 and X.2 i.e. Authorization to give evidence and lorry permit respectively were marked. 4 11. One Adapa Naga Venkata Subrahmanya was examined as A.W.3. He deposed that that he was working as a Clerk in Sri Sainadha Fish Merchants Company and that the deceased was working as loading and unloading coolie of the said lorry. 12. On behalf of the O.P.No.3-Insurance Company, one A.S.V. Seshubabu was examined as R.W.1 and through him Ex.B.1 Insurance policy was marked. 13. The Commissioner taking into consideration the oral and documentary evidence awarded compensation of Rs.2,66,463/- by taking the monthly wages of the deceased at the rate of Rs.2,475.50 ps., per month as per the minimum wages fixed for Hamali vide G.O.Ms.No.30, Labour Employment, Training and Factories (Lab.II) Department, dated 27.07.2000. Hence, the present C.M.A is filed. 14. Heard Smt. S.A.V. Ratnam, learned counsel for the Appellant- Insurance Company and Sri I. Gopal Reddy, learned counsel for the Respondents. 15. The counsel for the Appellant-Insurance Company contended that the deceased was employed under Kakarla Vishnu Srinivasa Rao for loading fish for his company by name Sri Sainadha Fish Merchants Company and that there was no employer and employee relationship between the deceased and O.P.No.2. Apart from that, no other grounds were urged by the counsel for the Appellant. The counsel for the Respondents supported the order of the Commissioner and contended that there are no merits in the appeal. 16. Having heard the respective contentions, this Court is of the opinion that there is a categorical finding by the Commissioner regarding the jural relationship of employer and employee between the deceased and O.P.No.2 by relying on Ex.A.1 F.I.R, which was given immediately after the incident. Apart from that, the Clerk of Sri Sainadha Fish Merchants Company by 5 name Adapa Naga Venkata Subrahmanya, who was specifically named in the counter of O.P.No.3-Insurance Company as the person who engaged the deceased on behalf of Sri Sainadha Fish Merchants Company was examined as A.W.3. The said witness categorically deposed that the deceased was employed under O.P.No.2. 17. In the light of the evidence of A.W.3, the defence of O.P.No.3-Insurance Company cannot be sustained. Consequently, the C.M.A stands dismissed. 18. Since the incident had happened in the year 2005 and considering the time gap of 20 years and the uncertain addresses of the Claimants, the State Legal Services Authority shall coordinate with the concerned Departments and inform the Claimants of the outcome of the appeal and ensure that the compensation is paid to the Claimants directly into their Aadhar linked bank account at the earliest. 19. The Registry is directed to mark a copy of this order to the State Legal Services Authority for taking necessary action. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 24.02.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.82 of 2011 Date: 24.02.2025 IS