CMA/947/2011 of KOYA VENKATESWARLU Vs T.VENKATESWARLU AND ANOTHER

APHC010205002011 IN THE HIGH COURT OF ANDHRA PRADESH [3460] AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 947/2011 Between: Koya Venkateswarlu ...APPELLANT AND T Venkateswarlu And Another and ...RESPONDENT(S) Others Counsel for the Appellant: 1. GIRIDHAR ALAPATI Counsel for the Respondent(S): 1. B PARAMESEWARA RAO 2. P BHASKAR The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY C.M.A No.947 of 2011 JUDGMENT:- The present Civil Miscellaneous Appeal is filed against the order dated 25.05.2011 in W.C.No.4 of 2009 passed by the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Ongole. 2. The facts leading to filing of the present Appeal are as under:- The claimant was working as cleaner in lorry bearing No. AP 27 V 1159 owned by Opposite Party No.1 on a monthly salary of Rs.4,500/- and batta of Rs.50 per day. When they are proceeding to Nellore from Chimakurthy with a load of gravell, on 04.10.2008 at about 4.30 a.m. near Kavali Police Station a tipper was passing near by had lost control over and ra