- (1.) The writ petition is filed questioning the order passed by the 1st respondent. The order was passed by the 1st respondent on 7-12-1998. The challenge is based on several grounds. However, this Court is not inclined to go into the various grounds raised in the writ petition. Brief facts of the case which are necessary are as follows : The petitioner claims to be the crane operator/owner. The same is given on hire to the cine producers for their outdoor and indoor shootings. One Mr. Mohan Rao was engaged as a casual labourers, as a helper to operate the crane. When Mr. B. Mohan Rao was travelling in the A.P.S.R.T.C. bus from Rajahmundry to Vijayawada when the crane was hired by the cine producers for the film 'Little Soldiers' the bus in which Mr. B. Mohan Rao was travelling met with an accident 45 Km. from Vijayawada resulting in the death of Mr. B. Mohan Rao.
(2.) An application in WC 404/95 (old) WC 302/96 (new) was moved before the 1st respondent by the father of the deceased and another. In the said application it was alleged that Mr. B. Mohan Rao died on 27-9-1995 at 3 p.m. in an accident during the course of employment with Rl. When the said application was not entertained a wit petition No.29356 of 1995 was filed before this Court and the same was disposed of on 28-12-1995 directing the Rl to dispose of the Workmen's Compensation case expeditiously. Then, Rl gave opportunity to both parties and examined the evidence both oral and documentary and came to the conclusion that Mr. B. Mohan Rao died during the course of the accident. Taking into consideration his wages lie awarded a sum of Rs,2,63,940A payable to the legal heirs of the deceased. Challenging the said order this writ petition is filed.
(3.) The learned Counsel for the petitioner Sri V. Rajctgopal Reddy submits that though the right of appeal is provided in the Workmen's Compensation Act (the Act for bravity) under Section 30, the same is onerous. The Act obligates the applicant to deposit the entire 'award amount' before the Commissioner for Workmen's Compensation and then avail the remedy. Therefore, the learned Counsel submits that even though there is a right of appeal under Section 30 of the Act, still this Court can entertain a writ petition under Articles 226 and 227 of the Constitution of India.;