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2022 Supreme(Bom) 1557

ANUJA PRABHUDESSAI
New India Assurance Co. Ltd. – Appellant
Versus
Eshwari Vellapandi Devar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.M.Dange
For the Respondent: Ms. Reena Kundu

JUDGMENT.

1. These appeals under Section 30 of the Workmen’s Compensation Act, 1923, are filed by the Appellant Insurance Company, as well as by the Insured/owner of the vehicle, challenging the judgment and order dated 29.5.2013, passed by the learned Commissioner of Workmen Compensation & Judge, 2nd Labour Court, Thane in Application (WCA) No. 105-B-22/ 2012. By the impugned judgment, learned Commissioner has allowed the claim application filed under the Workmen’s Compensation Act and awarded compensation of Rs.4,45,420/-with interest at the rate of 12% per anum from the date of the incident till final realization.

2. Respondent Nos.1(a) and 1(b) are the legal representatives of the original claimant who died during the pendency of the appeal. The Original Claimant Eshwari Velapandi Devar, preferred an application for compensation under the Workmens Compensation Act with an assertion that on 11.02.2006 her son Selveakumar @ Kumar Vellapandi Devar who was employed as a cleaner on towing Vehicle No. MH04 –B-9534 expired in an accident arising out of and in the course of his employment.

3. The Owner/Insured did not contest the proceeding. The Appellant Insurance Company filed the writt

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