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2018 Supreme(SC) 933

A.M.SAPRE, UDAY UMESH LALIT
Tebha Bai – Appellant
Versus
Raj Kumar Keshwani – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Kaustubh Shukla, Mr. Ankur Kashyap, Mr. Konark Tyagi, Mr. Deepayan Mandal, Mr. Rahul Shyam Bhandari, Mr. Abhay Singh
For the Respondents: Mr. Anand Shankar Jha, Mr. Mohd Ali, Mr. Arpit Gupta, Mr. Rajesh Kumar Gupta

JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 18.04.2016 passed by the High Court of Chhattisgarh, Bilaspur in Misc. Appeal No.691 of 2015 by which the Division Bench of the High Court dismissed the appeal filed by the appellants and affirmed the order dated 29.11.2011 passed by the Commissioner for Workmen Compensation, Labour Court, Raipur in Case No.217/WC Act/05 FATAL whereby the claim of the appellants herein was rejected inter alia on the ground that the deceased was not in the employment of respondent No.1 and that he did not die in an accident while he was on duty.

3. The appeal involves a short question. However, in order to appreciate the same, few relevant facts need to be mentioned hereinbelow.

4. One Shankar Pradhan (husband of Smt. Tebha Bai appellant No.1) was in the employment of Late Mangu Ram Keshwani father of respondent Nos.13 as his driver. He used to drive a Truck bearing No. CIR 8214, which was registered in the name of Mangu Ram Keshwani. The Truck was insured with the United India Insurance Company (respondent No. 4 herein) at the relevant time.

5. On 26.06.1989, Shankar Pradhan while dr















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