CMA/852/2013 of THE NEW INDIA ASSURANCE CO. LTD. Vs JYOTHI VENKATAMMA & ANOTHER

APHC010018202013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 852/2013 Between: The New India Assurance Co. Ltd. ...APPELLANT AND Jyothi Venkatamma Another and Others ...RESPONDENT(S) Counsel for the Appellant: 1. P BHANU PRAKASH Counsel for the Respondent(S): 1. K RATHANGA PANI REDDY The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL No: 852/2013 JUDGMENT: The present Civil Miscellaneous Appeal is filed against the Order dated 29.05.2009 in W.C.No.109 of 2007 passed by the Commissioner for Workmen’s Compensation and Deputy Commissioner for Labour, Kadapa. 2. The facts leading to filing of the present Appeal are as under:- The claimant/Respondent No.1 herein/mother of the deceased filed an application stating that Jyothi Venkataiah ( hereinafter would be referred to as “ the deceased”) was working as a coolie under Opposite No.2 for her lorry bearing No.MP 04 K 2661. On 22.01.2003 at about 05.00 pm, the deceased-Jyothi Venkataiah and some othe