THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL No.2806 of 2003 JUDGMENT: Aggrieved against the order in W.C.No.06 of 2001 dated 20.03.2003 passed by the Commissioner for Workmen’s Compensation, Assistant Commissioner of Labour, Circle-II, Visakhapatnam, the present appeal is filed. For brevity and better understanding, the parties are referred to as arrayed in the lower Court. The appellant herein is respondent No.2 in the lower Court. In the lower Court, the applicant, one Smt Bala Chittamma W/o. late Krishna Murthy, filed the petition claiming compensation of Rs.90,000/- for the death of her husband late Krishna Murthy while working as a driver in the lorry bearing No.AP 31 U 1062, to which opposite party No.1 was the owner. After due enquiry, the Assistant Commissioner of Labour directed opposite party Nos.1 and 2 to deposit compensation of Rs.1,31,875/-. Aggrieved by the said order, the present appeal is filed. Learned Counsel appearing for the appellant-Insurance Company urged that the claim of the applicant is not maintainable on the following grounds: i. that there is no employer and employee relationship between the parties; ii. that Ex.B.2, Investigation Report, reveals that the deceased was not working as the driver with opposite party No.1 at the time of accident; and iii. that Ex.B.3 reveals that the deceased was not engaged as the driver by opposite party No.1; iv. that the deceased died due to heart attack and placed reliance on Ex.A.2, Post-Mortem report. The point for consideration is whether there are any grounds to set aside the impugned order dated 20.03.2003. Ex.B.2 is the Investigation Report. A cursory reading of the above report shows that the Investigator of opposite party No.2 prepared it after verifying the FIR and other relevant records. It was mentioned that one Sri Bala Venkata Ramana had stated in his FIR that his father (B.Krishna Murthy), driver of the lorry bearing No.AP-31U-1062, sustained injuries due to falling of cabbage bags while performing duty and later died at Anakapalle Government Hospital while undergoing treatment. The report further reads that the alleged incident occurred on 01.07.1994 at Bhubaneswar (Orissa) and the injured was discharged from hospital on 01.10.1994 and he had taken treatment as out-patient till 14.11.1994 and, thereafter, died in the hospital while undergoing treatment. Ex.B.3 reads that Sri B.Krishna Murthy was not engaged by the owner of the offending vehicle during the period 23.06.1994 to 22.06.1995 and she did not know the said B.Krishna Murthy. Ex.B.1, Insurance policy, which is in issue proves that the deceased was not the driver under opposite party No.1 on the date of accident. Further more, if that be the case, the applicant failed to prove that there is employer and employee relationship between them. The applicant did not make any claim immediately after the accident and filed the present claim after the death of the deceased. Admittedly, the deceased sustained injury on 01.07.1994 and FIR was lodged at Anakapalle on 17.11.1994 after the death of the deceased. There is a gap of nearly four months in lodging the report and the delay was not explained. If really the applicant had lodged any report at Bhubaneswar (Orissa) about the alleged factum of the accident, the truth or otherwise of the case of the applicant will be judged in right perspective. Non- lodging of the report immediately after the accident is fatal. Further more, Ex.A.2, Post-Mortem Certificate, reads that the deceased died due to heart attack. In the totality of the circumstances and viewed from any angle, the applicant failed to establish that the deceased died due to the injuries sustained in the accident and that there was employer and employee relationship between the deceased and opposite party No.1 and, therefore, the opposite party No.2-New India Assurance Company Limited is not liable to pay compensation. Accordingly, the appeal is allowed. No order as to costs. K.S.APPA RAO,J Dt:04.02.2011 usd