THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.984 OF 2007 Dated 26-8-2010 Between: United India Insurance Co.Ltd., … . Appellant & Smt.Revala Rose Mary & others …Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.984 of 2007 JUDGMENT: This appeal is filed by the United Insurance Company Limited aggrieved by the award dated 15-10-2007 passed in WC No.92 of 2004 by the Assistant Commissioner of Labour–1, Hyderabad. The WC case was filed by the wife and children of R.Prakashaiah-deceased for his untimely death in the course of his employment involving motor vehicle accident and therefore sought for compensation of Rs.5,00,000/-. 2. The facts stated are:-The deceased-R.Prakashaiah was working as driver on the lorry bearing no.AP24T 4747 in the employment of 1st respondent in the WC case and met with an accident on 13-5-2004 by a Maruthi car bearing no.AP 9AL 5391. The said Maruthi car hit him while he was crossing the road to get repair the punctured tyre of the lorry which he was driving. It is stated that as a result of the hit, the deceased sustained injuries and died. The claimants-respondents herein sought for compensation from the employer i.e. the owner of the lorry and also its insurer. 3. Heard the learned counsel for the parties. 4. To prove the claim, the wife of the deceased was examined as AW-1. She stated that on 13-5-2004 at about 11.00 pm the deceased-workman along with cleaner Mr.Venkanna, was proceeding on the said lorry as driver from Hyderabad with load of empty cement bags to deliver the same at Dachepally cement Factory and at about 11.30 pm, when the lorry reached near Sriram Transport, Torrur cross roads, Hayathnagar, one of the tyres of the lorry got punctured, as such the deceased workman parked the said lorry on the left side of the road opposite to Sri Ram Transport. That the deceased got down the lorry and was going to the puncture shop, at that time one Maruthi car bearing No. AP 9AZ 5391 came in a rash and negligent manner and at high speed, proceeding from Hayathnagar side to Hyderabad side, dashed against the deceased workman, as a result of which, the deceased workman sustained grievous injuries on his head and chest and other parts of the body and died. It was stated that the deceased died during the course and out of his employment with the owner of the lorry which he was driving. It was further stated that the deceased workman was paid wages @ Rs.4,000/- per month besides daily batta of Rs.75/- and that all the claimants are dependent on the earnings of the deceased workman and that the deceased was aged about 41 years at the time of accident. The Court below consider the evidence of the wife of the deceased and also Exs.A-1 copy of FIR, Ex.A-2 copy of inquest report, Ex.A-3 copy of the charge sheet, Ex.A-5 copy of MVI’s report held that the deceased died due to the accident caused by the driver of the maruthi car and the deceased died during the course of his employment with the owner lorry and this finding of fact recorded by the Court below does not call for any interference by this Court. 5. Coming to the question of award of compensation, it has come in evidence that as on the date of the accident, the deceased was aged 41 years and he was working as driver of the lorry and was employed with the owner of the lorry which he was driving. Ex.A-6 indicates that the deceased was holding valid driving licence to drive the lorry. The wages of the deceased were fixed by taking the minimum wages, as fixed by the Government of AP in GO Ms.No.30, dated 27-7-2000. By taking into account the minimum wages fixed in GO Ms.No.30, dated 27-7-2000, the claimants were grated a sum of Rs.3,42,200/- which in the facts and circumstances of the case does not warrants any interference by this Court. The contention of the learned counsel for the appellant that there is no employee and employer relationship was considered by the Court below and the same was rejected by giving cogent reasons. 6. In the facts and circumstances of the case, there are no merits in this appeal and it is accordingly dismissed. No costs. ____________________ Ghulam Mohammed,J Dated: 26-8-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.984 of 2007 26-8-2010