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2021 Supreme(Bom) 766

PRITHVIRAJ K.CHAVAN
New India Assurance Co. Ltd. – Appellant
Versus
Vujay Bapu Kamble – Respondent


Advocates appeared:
Jyoti Bajpayee, Advocate, T. J. Mendon, Advocate

JUDGMENT

1. Feeling aggrieved by the impugned judgment and order dtd. 7/8/2018 granting compensation to the respondents to the tune of Rs.8, 15, 400.00 along with interest at the rate of 12% p.a. by the Additional Commissioner for Employees Compensation and Judge, 7th Labour Court, Mumbai, the insurer had preferred this appeal amongst following facts and grounds.

2. Deceased Harshad @ Sachin Vijay Kamble, was the son of respondent nos. 1 and 2 and an employee of respondent no.3. While discharging his duties an employee of the respondent no.3 deceased Harshad @ Sachin Vijay Kamble met with an accident as he was dashed by an unknown vehicle at Vine Gaon, Mumbai-Pune Highway No.4, Near Khalapur, Dist. Raigad. The respondent nos. 1 and 2, who area parents of the deceased have moved an application under Sec. 4 of the Employees' Compensation Act, 1923.

3. On 3/9/2015 deceased Harshad, as a driver of respondent no.3, had taken some students and teachers of Saboo Siddiki Technical College to Monteria Resort at Khalapur, Dist. Raigad for a picnic. After parking the motor vehicle at the said Resort, he went for shaving and met with a vehicular accident, resulting into his death due to the fat

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