The Hon’ble Sri Justice C.V.Nagarjuna Reddy Civil Miscellaneous Appeal No.504 of 2005
Dated 24.09.2014
Between:
The National Insurance Company, Rep. by its Divisional Manager, Eluru …Appellant And Sri Shaik Shariff and 2 others.
…Respondents Counsel for the Appellant: Mr.N.Mohan Krishna Counsel for respondent No.1: Mr.V.Venugopala Rao Counsel for respondent No.2: Mr.Mohd Yousuf The Court made the following:
Judgment:
This Civil Miscellaneous Appeal (CMA) arises out of Order, dated 31-12-2004, in WC.No.27 of 2004, on the file of the Commissioner for Workmen’s Compensation, Eluru, and Assistant Commissioner of Labour, Eluru (for short ‘the Commissioner’).
One late Shaik Saleem (hereinafter referred as ‘the deceased’) of Eluru was engaged by respondent No.3 as cleaner in his lorry bearing registration No.AP 26 T 8595. On the fateful day i.e., on 09-10-2000, the deceased went to the nearby canal for fetching radiator water, fell in the canal and got drowned. The parents of the deceased have filed WC.No.27 of 2004, against the owner and insurer of the said lorry, claiming compensation of Rs.3 lakhs for the death of their son, alleged to have occurred during the course of his employment. The Commissioner, by his order, dated 31.12.2004, has awarded Rs.1,89,569/- as compensation. Feeling aggrieved by the said order, the insurance company has filed this CMA.
At the hearing, the only ground raised by Mr.V.Suryanarayana, learned Counsel for the appellant, is that the deceased went to the canal despite the instructions of the driver of the lorry to sit in the lorry cabin and that therefore, the appellant- Insurance Company cannot be held liable to pay compensation.
Whether the deceased went to the canal on his own volition or not, the fact remains that the deceased was on duty when he went to the canal and died due to drowning. The Commissioner has analyzed the entire evidence both oral and documentary, which includes the evidence of claimant No.1 as PW.1 and documents viz., Ex.A.1- FIR, Ex.A.2- Inquest Report, Ex.A.6- Post Mortem report and Ex.A.8- Final Report. On a careful consideration of this evidence, I am of the opinion that the findings rendered by the Commissioner that the deceased has died during the course of his employment are not liable to be interfered with.
For the above-mentioned reasons, the Civil Miscellaneous Appeal fails and the same is, accordingly, dismissed.
As a sequel, interim order, dated 27-06-2005, is vacated and CMAMP.No.1104 of 2005 is disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 24th September, 2014 LUR