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2023 Supreme(SC) 824

ABHAY S. OKA, SANJAY KAROL
Fulmati Dhramdev Yadav – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shreyas Mehrotra, Adv. Mr. Rahul Gupta, AOR
For the Respondent(s): Dr. Meera Agarwal, AOR Mr. Ramesh Chandra Mishra, Adv.

JUDGMENT :

(Sanjay Karol, J.)

1. This appeal is filed at the instance of one Fulmati Dhramdev Yadav, assailing the judgement passed by the High Court of Gujarat at Ahmedabad in First Appeal No.3487 of 2013 whereby the Court has set aside the order of the Commissioner for Workmen Compensation Act, Bhuj (Kutch), Gujarat in W.C.F.C. No.08/10 awarding compensation in favour of legal representatives of the deceased employee.

2. Appellants herein, 1[Hereinafter referred to as “the claimants"] are the mother and wife of one Ramakant Yadav, 2[Hereinafter referred to as "the deceased"] who allegedly died on 31st October, 2009 as he was tying up logs on trailer while in employment as its driver, when one such log fell on his left leg. He died before any medical treatment could be given to him.

3. The deceased, allegedly, was an employee of Kutch Carrier (Sohansing & Sons, 3[Hereinafter referred to as "the employer". Opponent 1 before the Commissioner]), drawing a salary of Rs.4000 per month.

4. Such employment of the deceased was denied by the insurer for lack of production of documents of emp

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