THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23338 of 2009 ORDER: The petitioner was selected as an agency to supply vehicles for the use of the officials. Accordingly, the petitioner has placed at the disposal of the respondents, a vehicle bearing No.AP-15-TV-532. It is stated that when the vehicle was parked at OCP-II quarry at B-5 site, a dumper of the respondents-company has run over the driver of the vehicle resulting in his death. The petitioner states that the vehicle is fully insured covering the liability towards the deceased-driver also. The 2nd respondent addressed a letter dated 04.10.2009 requiring the petitioner to deposit a sum of Rs.4,25,170/- representing the compensation under the Workmen’s Compensation Act, gratuity and funeral expenses of the deceased-driver. This is obviously in contemplation of the determination of the liability. The petitioner challenges the same. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. Being the principal employer of the deceased-driver, it is the obligation of the petitioner to meet the various statutory liabilities, as and when they are determined by the concerned agencies. It is only when the liability is taken into account and the respondents are fastened with it, on account of the failure on the part of the petitioner to meet it, that the occasion to require the petitioner to deposit the amount would arise. The proceedings under the relevant enactments are yet to reach finality. In case, the vehicle is insured, neither the petitioner nor the respondents would be mulcted with any liability. In this view of the matter, the impugned letter cannot be sustained in law. The writ petition is accordingly allowed and the impugned letter is set aside. The respondents shall release the amounts, which are otherwise payable to the petitioner and were withheld on account of the impugned letter. There shall be no order as to costs. _________ 04.11.2009 Note: Issue C.C. in one week. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23338 of 2009 Date: 04.11.2009 JSU