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1995 Supreme(Cal) 433

BABOO LALL JAIN, S.NARAYAN
SARIDA BIBI – Appellant
Versus
AMAR PRASAD GAGARI – Respondent


Advocates Appeared:
BISWAJIT CHOUDHURY, DULAL CHANDRA ROY, PARIWAL KUMAR PAHARI

S. NARAYAN, J.

( 1 ) THIS is an appeal by the Appellant/claim against the judgment award dated May 14, 1991 of the Court Commissioner for Workmen's Compensation, W. B. , in claim case No. 566 of 1988. The award was passed for Rs. 43,382 as against a claim for Rs. 86,764 The claimant, being aggrieved of the quantum of compensation as per the award, has come up with the present appeal.

( 2 ) ONE Majaffer Ali Shek (Deceased, husband of the Claimant) was a driver of motor lorry. , bearing Registration No. WBK-4390, under the Employment of the O. Ps. /respondents first party, who were the owner of the lorry. The O. Ps. /respondents first party were members of a partnership firm; and the lorry was used for running the business of the firm. The lorry had the coverage of an Insurance Policy under the insurer. New India Assurance Co. Ltd. i. e. O. P. / Respondent No. 2. It so happened that on January 7, 1988 at about 8. 00 a. m. the aforesaid lorry, while being driven by the Claimant's husband, met a road accident near New Nabeen Palli, Diamond Harbour Road on being collided with a delux bus bearing No. WBS 5263. The Claimant's husband sustained some serious injuries in the accident and,















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