CMA/440/2005 of National Insurance Company , Vs Valasa Penchalaiah,

APHC010044882005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 440/2005 Between: National Insurance Company , ...APPELLANT AND Valasa Penchalaiah and Others ...RESPONDENT(S) Counsel for the Appellant: 1. S A V RATNAM Counsel for the Respondent(S): 1. M RAJAMALLA REDDY 2. D KODANDARAMI REDDY The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.440 of 2005 JUDGMENT: 1. The present Civil Miscellaneous Appeal is filed against the Order dated 31.01.2005 in W.C.No.108 of 2003 passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Cuddapah, Cuddapah District. 2. The insurance company is the Appellant. 3. The facts leading to filing of the present appeal are as follows:- The Claimant was working as a Coolie under O.P.No.1/Respondent No.2 herein in lorry bearing No.AP 16 X 8474, which was insured with O.P.No.2/Appellant herein. On 04.10.2003, the Claimant along with some other Coolies went to the fields at Pulampeta Vi