CMA/625/2012 of THE NEW INDIA ASSURANCE COMPANY LIMITED, GUNTUR. Vs SMT. BATTULA MALLESWARI AND 4 OTHERS

1 APHC010042452012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction) MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 625/2012 Between: The New India Assurance Company Limited, Guntur. ...APPELLANT AND Smt Battula Malleswari And 4 Others and Others ...RESPONDENT(S) Counsel for the Appellant: 1. C PRAKASH REDDY Counsel for the Respondent(S): 1. N SUBBA RAO The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Civil Miscellaneous Appeal No. 625 of 2012 JUDGMENT: 1. The Civil Miscellaneous Appeal is filed under Section 30 of the Workmen’s Compensation Act, 1923 (for short ‘the Act, 1923’), by the Insurance Company questioning the Order dated 28-12-2005 in W.C.No.2 of 2004 passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-II Circle, Guntur. 2. The facts leading to filing of the Claim Petition before the Commissioner are as follows: The Applicant No.1 is the wife, Applicant Nos. 2 and 3 are the daughters and Applicant Nos. 4 and 5 are the parents of the deceased--Battula Srinivasa Rao. The deceas