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2018 Supreme(Kar) 1011

KRISHNA S.DIXIT
Rani – Appellant
Versus
Samiulla – Respondent


Advocates Appeared:
For the Appellant :Smt. R. Rashmi Sagar For Sri. Raghu Prasad B.S., Advocates
For the Respondents: Sri. Nagaraj Damodar, Smt. Rafeeunisa, HCGP.

JUDGMENT :

KRISHNA S. DIXIT, J.

1. This Claimants' appeal challenges the judgment and order dated 31.05.2013 made by the Commissioner for Workmen's Compensation (hereafter 'Commissioner') allowing W.A.C.No.6/2008 whereby, a compensation of Rs. 2,76,255/- with statutory interest at the rate of 12% p.a. has been ordered subject to usual condition of bank deposit.

2. In a vehicular accident, arising out of and in the course of employment, on 16.02.2006, one Mr.Kumar sustained fatal injury and breathed his last. The legal representatives of the deceased had presented the claim petition seeking compensation. The same was stoutly opposed by the insurer by filing the Objection Statement.

3. To prove their claim, the widow of the deceased Smt.Rani was examined as PW.1 and in her evidence, 10 documents came to be marked as per Exhibits P1 to P10 which comprised of the Charge Sheet, Post Mortem Report, Death Certificate, Heirship Certificate and Ration Card amongst others. From the side of the respondents, affidavit evidence was filed and two documents as per Exhibits R1 and additional Exhibit P1-2 came to be marked.

4. The Commissioner after adverting to the pleadings of the parties, and after w














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