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2016 Supreme(Bom) 1042

A.S.CHANDURKAR
Amita wd/o Prakash Madavi – Appellant
Versus
New India Assurance Co. Ltd. , Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.J. Pathak
For the Respondent: Ms. Anita Singh, Amit Khare

JUDGMENT :

By this appeal filed under section 30 of the Employees Compensation Act, 1923 (for short, the said Act) the appellants-original claimants have challenged judgment dated 22-1-2015 passed by the learned Commissioner under Employees Compensation Act by which the application preferred by them under section 22 of the said Act has been dismissed.

2. The appellants are the dependents of one Prakash who was employed as a driver with the respondent No. 2. On 31-5-2011 when said Prakash was driving a car, the same met with an accident resulting in said car turning turtle resulting in death of said Prakash. According to the appellants, the accident occurred during the course of and out of employment with respondent No. 2. Said Prakash was getting salary of Rs. 5500/- per month and was aged about 24 years when the accident took place. Hence claim for compensation came to be filed.

3. The respondent No. 1-Insurance Company took the stand that the accident occurred on account of a voluntary act of the driver who was driving the vehicle in a rash and negligent manner. The owner of the vehicle also filed reply and took the stand that though the deceased was employed as a driver, his servic
















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