CMA/242/2011 of UNITED INDIA INSURANCE COMPANY LIMITED Vs MADDURU PENCHALAIAH AND ANOTHER

APHC010225582011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 242/2011 Between: United India Insurance Company Limited ...APPELLANT AND Madduru Penchalaiah & Others ...RESPONDENT(S) Counsel for the Appellant: 1. NARESH BYRAPANENI Counsel for the Respondent(S): 1. K KANAKA RAJU 2. K SRINIVAS The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY C.M.A No.242 of 2011 JUDGMENT:- 1. The present C.M.A is filed under Order dated 10.07.2009 in W.C.No.105 of 2005 passed by the Commissioner for Workmen’s Compensation and the Deputy Commissioner of Labour, Kadapa, Kadapa District. 2. O.P.No.2-Insurance Company is the Appellant herein. 3. The facts leading to filing of the present Appeal are as under:- One Madduru Penchalaiah (hereinafter referred to as “Claimant”) was working as a Coolie on the Tractor & Trailer bearing No.AP-04-ATR-0255 owned by O.P.No.1, which was insured with O.P.No.2-Insurance Company vide Policy bearing No.050904/ 47/ 03/00731 valid from 07.01.2004 to 06.01.2005. 4.