APHC010658402013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 641/2013 Between: United India Insurance Company Limited ...APPELLANT AND Smt. Adapa Sarojini & 3 Others ...RESPONDENT(S) Counsel for the Appellant: 1. A. MALATHI Counsel for the Respondent(S): 1. KRUPACHAND GOGINENI The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.641 of 2013 JUDGMENT: 1. The present Civil Miscellaneous Appeal is filed against the Order dated 16.01.2006 in W.C.No.117 of 2003 passed by the Commissioner for Workmen’s Compensation Act and Assistant Commissioner of Labour, Vijayawada, Krishna District. 2. The Insurance Company is the Appellant herein. 3. The facts leading to filing of the present Appeal are as follows:- The wife, daughter and mother of late Adapa Venkata Siva Sankararao (hereinafter referred to as “deceased”) are the Claimants. The deceased was said to be employed as lorry driver under O.P.No.1 on a monthly wage of Rs.4,000/- + Batta of Rs.100/- per day on lorry bearing No.AEN-0554. On 18.06.2003, while the deceased was driving the vehicle from Manuguru to Kolluru met with an accident near Mutyalamma Temple, Manuguru Cross Road. In the said accident, the vehicle fell in a ditch on the side of the road as the driver had lost control while driving the vehicle. In view of the impact of the accident, the deceased fell down from the lorry, suffered grievous injuries and thereafter was shifted to a nearby hospital, wherein he was declared ‘dead’. A case was registered by Borghampahad Police Station, Khammam District as Cr.No.77 of 2003 punishable under Section 304- A IPC. As the vehicle was insured with O.P.No.2-insurance-company vide policy No.150700/31/02/01237 valid upto 15.09.2003, O.P.No.2 was also arrayed as party-respondent. As the deceased was aged 37 years and was earning the amount as mentioned above, a compensation of Rs.4,00,000/- was sought by the Claimants. 3 4. O.P.No.1 i.e. employer filed her counter contending that she had engaged the deceased as the Driver of his lorry bearing No.AEN-0554 since 10 years and had been paying Rs.4,000/- per month as salary as per duties attended by him. She also admitted to the accident and contended that the vehicle was used for the purpose of loading and unloading the coal. She further contended that the vehicle was insured with O.P.No.2-insurance-company as pleaded in the claim application. 5. O.P.No.2 i.e. insurance-company also filed its counter disputing the accident, liability and sought for dismissing the claim application against them. 6. On behalf of the Claimants, the wife of the deceased was examined as A.W.1 and she reiterated her plea as stated in the claim application. Exs.A.1 to A.6 were marked on her behalf i.e. Copy of F.I.R, Post-mortem Report, Xerox copy of Insurance Policy, Xerox copy of Driving License of the deceased, Ration Card and Letter of L.I.C. Another individual by name Sk. Kasmoora i.e. Cleaner of the lorry was also examined as A.W.2. In his evidence, A.W.2 supported the claim of A.W.1 that the accident occurred on 18.06.2003 while the deceased was driving the vehicle. 7. The employer i.e. O.P.No.1 was examined as B.W.1. In her evidence, she admitted that the deceased was employed by her for over 10 years and was being paid monthly wages of Rs.4,000/- apart from Rs.100/- per day towards batta. It was also deposed that the accident occurred in the course of employment while the deceased was driving the vehicle. 4 8. On behalf of the insurance company i.e. O.P.No.2, one M. Srinivasacharyulu was examined and Exs.B.1 to B.3 i.e. Certificate of Insurance, Ex.B.2 Inquest Report and Ex.B.3 Charge Sheet respectively were marked. 9. On the basis of oral and documentary evidence, the Commissioner awarded compensation of Rs.3,45,372/- to the Claimants. Hence, the present C.M.A is filed. 10. Heard Smt. A. Malathi, learned counsel for the Appellant and Sri Krupachand Gogineni, learned counsel for the Respondents. 11. The counsel for the Appellant contended that in the Charge Sheet which was marked as Ex.B.3 it was mentioned that the Cleaner was driving the vehicle and not the deceased. Since the Cleaner did not have requisite license, no liability cannot be fastened. 12. The learned counsel for the Respondents contended that the Cleaner himself was examined as A.W.2 and in the light of the categorical deposition of A.W.2 along with the evidence of the employer i.e. O.P.No.1/A.W.1, no reliance can be placed on the Charge Sheet, as contended by the counsel for the Respondents. 13. Having heard the contentions of both the counsel, this Court is of the opinion that no reliance can be placed on the Charge Sheet as rightly contended by the counsel for the Respondents, since the Cleaner was examined as A.W.2 as well as the employer/O.P.No.1 as B.W.1. 5 14. In the light of their categorical depositions, a reference to the Charge Sheet cannot be relied on to disturb the well reasoned finding of the Commissioner. The Charge Sheet is only a investigative report and no conclusivity could be attached thereto and the question as to who was driving the lorry being a pure question of fact, this Court does not find any reason to interfere with the compensation awarded by the Commissioner considering the scope of appeal under Section 30 of the Act. 15. Therefore, the Civil Miscellaneous Application is dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. 16. Considering the time gap from the date of accident i.e. from the year 2003 more than 20 years have been passed, the State Legal Services Authority shall coordinate with the concerned Departments to know the whereabouts of the Claimants and ensure that the compensation reaches the Claimants at the earliest. __________________ NYAPATHY VIJAY, J Date: 14.02.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.641 of 2013 Date: 14.02.2025 IS