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2023 Supreme(Bom) 2098

PRITHVIRAJ K. CHAVAN
Reliance General Insurance Company – Appellant
Versus
Tahira Imran Shaikh – Respondent


Advocates appeared:
Shalini Shankar, Advocate, Uday Mehta, Advocate, Swati Uday Mehta, Advocate

JUDGMENT/ORDER

1. By this appeal, the appellant-insurer challenges the judgment and order dtd. 5/8/2022 rendered by the Commissioner for Workmen's Compensation and Judge 11 th Labour Court, Mumbai in Application (ECA) No.122/B-23 of 2019, by which, claim of respondent Nos.1 to 5 was partly allowed awarding compensation to the dependents of the deceased on the ground that the deceased was an employee of respondent No.6 who met with an accident and succumbed to the injuries during the course of his employment.

2. Briefly stated, facts are as follows.

3. Respondent Nos.1 to 5 are the dependents of deceased Imran Shaikh (for short "deceased"). The deceased was employed as a driver on a vehicle bearing No. MH-03-CT-0438 owned by respondent No.6-opposite party which was duly insured with the insurer.

4. On the fateful day of 10/6/2018, when the deceased was discharging duty as a driver on the aforesaid vehicle, met with an accident on Eastern Express Highway. He was taken to K.M. Phule Municipal General Hospital, Vikhroli (East) where he was declared dead. Respondent Nos.1 to 5 - dependents, therefore, moved an application before the Commissioner for Workmen's Compensation claiming compen

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