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2004 Supreme(Bom) 835

ANOOP V.MOHTA
National Insurance Company Limited – Appellant
Versus
Swarna Kaur Sokhi & others – Respondent


JUDGMENT - MOHTA ANOOP V., J.: - Heard. The present appeal has been filed by the appellant, National Insurance Company Limited, Nagpur, whereby the order dated 31-10-1986, passed by the Commissioner under the Workmen's Compensation Act (for short 'the Act') in Case No. 79/1984 whereby, the appellant have been ordered to pay Rs. 48,428/- with interest at the rate of 5% to the respondents herein i.e. original applicants.

2. The impugned order is of dated 31-10-1986. On 17-5-1984 a motor truck bearing No. MTG 4603 met with an accident, in which one Mr. Sohansingh died. The late respondent No. 1 is the mother and respondent No. 2 is the daughter of said Sohansingh. As the said Sohansingh was in the employment of the original non-applicant No. ,respondent No. 3 herein as driver, an application for compensation under the Act came to be filed. After considering the material on record by the impugned order, the aforementioned compensation was awarded as per the amended provisions of the Act. The respondent No. 3 has chosen not to prefer any appeal against the said order.

3. The learned Counsel appearing for the appellant basically contended that there was amendment to the original section 4























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