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2021 Supreme(Bom) 842

M.G.SEWLIKAR
National Insurance Co Ltd – Appellant
Versus
Shaikh Hasina Sharfuddin – Respondent


Advocates appeared:
V.R. Mundada, Advocate, Vikrant Valse, Advocate, T.M. Venjane, Advocate, V.D. Hon, Advocate, Ashwin V Hon, Advocate

JUDGMENT

M G Sewlikar, J. - Heard both the sides at admission stage.

2. This appeal is preferred by original Respondent No. 4, the insurance company, under section 30 of the Employee's Compensation Act, against the judgement and order passed by the learned Commissioner, Latur, in Application (W. C. A.) No. 14/2014 whereby the application was partly allowed.

3. Facts giving rise to this appeal can be stated in brief as under:-

The original Applicant, Respondent No. 1 herein, is the wife of the deceased Sharfuddin Shaikh. The deceased Sharfuddin Shaikh was working as a labour with Respondents No. 2 to 4. He was getting salary of Rs. 15,000/- per month. Respondent No. 1 had issued a tender for the construction of washrooms. Respondent No. 3 filled the tender. Since Respondent No. 3 had qduoted minimum price, contract was issued to respondent No. 3. The deceased was engaged on the construction of washroom as a labour. When the deceased was working on the site of construction, a wall collapsed over the deceased, as a result of which, the deceased died on the spot. The deceased was shifted to Sasoon Hospital, Pune but was declared dead. Post-mortem was conducted and the incident was reporte

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