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2023 Supreme(Chh) 525

NARENDRA KUMAR VYAS
New India Insurance Co. Ltd. – Appellant
Versus
Kaushilya Bai Wd/o Late Raju Kumar Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. H.B. Agrawal, Sr. Advocate with Ms. A. Sandhya Rao, Advocate
For the Respondents:Mr. Deepak Kumar Singh, Mr. S.S. Marhas, Advocate

ORDER :

1. The Insurance Company has preferred an appeal against the award dated 07.02.2019 passed by the learned Commissioner for Employee Compensation Act Cum Labour Court Janjgir Champa (in Short as Commissioner) passed in Case No. 17/E.C.A./COC 1B/17(F), by which the learned Commissioner has directed the Insurance Company to pay compensation to the claimants to tune of Rs. 6,80,867/-, if the compensation is not paid within 60 days then the insurance company is liable to pay interest @ 12% per annum till the actual payment is made.

2. This appeal has been admitted by this Court on 03.08.2021 on the following question of law:-

    “Whether the finding of the Commissioner for the Employee’s Compensation recorded at para-10 of the award impugned holding that the vehicle in question was not being used for carrying passengers on hire in violation of the terms and conditions of the insurance policy, is perverse.

3. Brief facts as reflected from the record are that the claimant No.1 is widow of deceased Rajukumar Sahu, claimant No. 2 Ku. Dipika is the daughter of deceased and Claimants No. 3 and 4 namely Chhattu Lal Sahu and Khel Bai are the father and mother of the deceased. The claimants ha

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