IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU C.M.A.No.163 OF 2011 Between: M/s United India Insurance Company Ltd., ...APPELLANT AND Smt Jagarapu Chellayyamma and others. ...RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A.No.163 OF 2011 JUDGMENT: This Civil Miscellaneous Appeal, under Section 30 of the Workmen’s Compensation Act, 1923 (for short, “the Act”), is directed against the judgment and decree, dated 26.02.2005, in W.C.No.5 of 2003, on the file of the Commissioner for Workmen’s Compensation Act and Assistant Commissioner of Labour, Kakinada, East Godavari District, whereunder and whereby, the petition filed, claiming compensation of Rs.3,00,000/- for the death of Sri Jagarapu Veeraraju in an accident, was partly allowed granting compensation of Rs.1,11,202/- 2. Heard. 3. The factual matrix is not in dispute. Husband of first respondent/claimant died in an accident while he was unloading goods on van bearing No.AP-12-T-4009 in the premises of T.C.I, Kakinada Branch. The only point to be decided in this appeal is whether the offending Van bearing registration No.AP-12-T-4009 is insured with United India Insurance Company Ltd., or M/s. New India Insurance Company Limited as on the date of accident. 4. Learned counsel for the appellant herein / Opposite Party No.6 contended that the offending Van was duly insured with M/s. New India Assurance Company at the relevant point of time; that respondent No.1 herein wrongly impleaded the United India Insurance Company as a party; that the United India Insurance Company is not liable to pay any compensation as the vehicle from which the deceased was unloading the goods was not insured with it and therefore, it is a fit case where the impugned judgment is liable to be set aside. 5. Admittedly, the Assistant Commissioner has not given a finding with regard to insuring the crime vehicle with respondent No.6. 6. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the impugned judgment, dated 26.02.2005 in W.C.No.5 of 2003 on the file of the Commissioner for Workmen’s Compensation Act and Assistant Commissioner of Labour, Kakinada, East Godavari District, and remanding the matter to the Court below for fresh disposal directing the claimants to implead M/s New India Insurance Company as opposite party in the petition, and thereafter, the Court below shall decide the liability of the opposite parties after giving due opportunity to all the parties. There shall be no order as to costs. _______________ K.C. BHANU, J MARCH 14, 2011 YVL