CMA/763/2009 of NEW INDIA ASSURANCE COMPANY LIMITED, SECUNDERABAD. Vs N. MAHABOOB BASHA AND ANOTHER

APHC010197182009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 763/2009 Between: New India Assurance Company Limited, ...APPELLANT Secunderabad. AND N Mahaboob Basha and Others ...RESPONDENT(S) Counsel for the Appellant: 1. B PARAMESEWARA RAO Counsel for the Respondent(S): 1. J SESHAGIRI RAO The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.763 of 2009 JUDGMENT: 1. The present C.M.A is filed under Section 30 of Workmen’s Compensation Act, 1923 questioning the Order dated 30.06.2005 in W.C.No.126 of 2004 passed by the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Cuddapah, Cuddapah District. 2. The O.P.No.2-Insurance Company is the Appellant herein. 3. The facts leading to filing of the present appeal are as follows:- One N. Mahaboob Basha (hereinafter referred to as “Claimant”) was working as second driver/relief driver of the lorry bearing No.AP-02-V-3363 belonging to O.P.No.1 having National permit. On 08.09