BEFORE THE ASST.

COMMISSIONER OF LABOUR FOR

WORKMENS COMPENSATION :: ONGOLE
W.C.No.

/2011

Between:
1. Pentyala Dhanalakshmi W/o.Late Yellamanda Rao, aged 21 years,
2. Pentyala Koteswara Rao S/o.Adiseshu, aged 56 years,
3. Pentyala Siva Parvathi W/o.Koteswara Rao, aged 51 years,
All are Hindus and residents of Uppugunduru Village, N.G.Padu Mandal,
Prakasam District.
Applicants
AND
1. Emmisetty Suresh Babu S/o.Subbarayudu,
Hindu, aged about 37 years,
R/o.Uppugundur Village, N.G.Padu Mandal, Praksam District,
Driver of the Lorry bearing No.AP 27 V 7119.
2. Mallavarapu Srinivasa Rao S/o.Venkaiah,
Owner of the Lorry bearing No.AP 27 V 7119,
Aged about 45 years, Hindu,
R/o.Uppugundur Village, N.G.Padu Mandal, Praksam District.
3. The Oriental Insurance Company Limited,
rep.by its Divisional Manager,
Santhapet, Ongole, Prakasam District.
Policy No.432900/31/2009/2070, valid up to 26-11-2009.
Opp.Parties.
CLAIM APPLICATION FILED ON BEHALF OF THE APPLICANTS
UNDER SECTION 22 OF WORKMENS COMPENSATION ACT,
1923
I. DESCRIPTION OF THE APPLICANTS:The 1st applicant is the wife of Late Yellamanda Rao, aged 21 years,
the 2nd applicant is the son of Adiseshu, aged 56 years, and the 3rd applicant
is the wife of Koteswara Rao, aged 51 years,
All are Hindus and residents of Uppugunduru Village, N.G.Padu Mandal,
Their address for services is that of their Advocates, Sri V.V.Pavan
Kumar, Y.Sunil Kumar, Advocates, Ongole, Prakasam District.
II. DESCRIPTION OF THE OPPOSITE PARTIES:1st opposite party is the son of Subbarayudu, aged about 37 yrs, R/o.
Uppugundur Village, N.G.Padu Mandal, Praksam District, driver of the
crime lorry bearing No.AP 27 V 7119.
1

The 2nd opposite party is the son of Venkaiah, aged 45 years, Owner of
the Lorry bearing No.AP 27 V 7119, R/o.Uppugundur Village, N.G.Padu
Mandal, Praksam District.
The 3rd opposite party is the Insurance Company situated at Santhapet,
up stair of State Bank of Hyderabad, Ongole, Praksam District.
Their address for service is the same as above.
III. a).The applicants submit that the deceased was the cleaner of the lorry
owned by the 2nd opposite party and insured with the 3rd opposite party and
he was aged about 27 years and hale and healthy prior to the accident and
the deceased used to earn Rs.6,000/- per month as his income (salary and
battas) and the deceased was contributing the earning upon the applicants,
who are wife and parents of the deceased. The deceased was only issue to
the applicants 2 and 3.
While so, the deceased as cleaner of the lorry and the 1 st opposite
party as driver of the lorry started the lorry by loading cement at Johnpadu
and started on 06-08-2009 at 10.00 p.m., with a view to unload the same at
Uppugundur, and on 07-08-2009 at about 3-00 a.m., when the lorry reached
in between Parchur-Nuthalapadu 14/5 k.m., road, the driver lost control over
the lorry and jumped out from the lorry and cautioned the deceased to jump,
as the deceased was on boinet, and when the deceased with a view to escape
he reached drivers seat and in the meantime the lorry hit a tamarind tree and
due to that hit, the body of lorry crushed and deceased was crushed to death.
On intimation, Parchur Police registered a case in Cr.NO.136/2009 on
07-08-2009 U/sec.304-A I.P.C.
The petitioners submit that due to the sad and sudden demise of the
deceased, the applicants became orphans and nobody is there to look after
the welfare of the applicants. The applicants demanded the 2 nd opposite
party/owner of the lorry to pay the compensation and in turn the 2 nd opposite
party supplied Xerox copy of the policy and directed to proceed before
Court of Law. The accident was occurred out of during the course of his
employment under O.P.No.2 as a cleaner and the vehicle was insured with
the O.P.3.

So, all the opposite parties No.1 to 3 were liable to pay

compensation claimed by the applicants, as the accident was occurred during

the course of his employment under O.P.No.2. No similar application is
filed or pending in any court of law for the self same relief.

IV. A Court Fee of Rs.1000/- is paid herewith.

V. The applicants therefore pray that the Honble Authority may be pleased
to pass an order in favour of the Applicants and against the Opposite Parties
with joint and several liability.
a. directing the opposite parties to pay a sum of Rs.5,00,000/- (Rupees Five
Laksh Only) towards compensation.
b. to award costs.
c. to grant interest at 12% p.a., on the awarded amount from the date of
death of the deceased till payment.
d. to apportion the compensation awarded among the applicants.
e. and pass such other reliefs as the Honble Court deems fit and proper in
the circumstances of the case.
Be pleased to Consider

ADVOCATE FOR APPLICANTS

APPLICANTS

We do hereby declare that the facts stated above are all true to the best
of our knowledge, belief and information.

Ongole,
Dt.

APPLICANTS

V.V.P.K

Y.S.K
BEFORE THE
ASSISTANT

COMMISSIONER
OF LABOUR :: ONGOLE

W.C.No.

/2011

CLAIM APPLICATION FILED

ON BEHALF OF THE
APPLICANTS UNDER SECTION
22 OF WORKMENS
COMPENSATION ACT, 1923

FILED BY:Sri VEMULA VENKATA PAVAN

KUMAR,
Sri Y.SUNIL KUMAR,
ADVOCATES, ONGOLE

List of Documents filed on behalf of the Applicants

1. C.C. of F.I.R. in Cr.No.136/2009 U/sec.304-A & 337 IPC of Parchur P.S.,
2. C.C. of Inquest Report relating to the deceased, Pentyala Yellamanda,
3. C.C. of Postmortem Certificate relating to the deceased Pentyala
Yellamanda issued by Area Hospital, Chirala,
4. C.C. of M.V.I.Report,
5. Xerox copy of Lorry Reg.Certificate bearing No.AP 27 V 7119,
6. Xerox copy of Driving Licence of 1st opposite party,
7. Xerox copy of the Policy No.432000/31/2009/2070, valid up to
26-11-2009 issued by Oriental Insurance Company, Ongole.

Advocate for Applicants