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2003 Supreme(Del) 733

S.K.MAHAJAN
ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
BIMLA DEVI – Respondent


Advocates Appeared:
KISHORE RAVAT

S. K. Mahajan, J.

( 1 ) THIS order will dispose of the appeal filed by the Insurance Company against an order passed under the provisions of the Workmen s Compensation Act whereby the Commissioner, Workmen s Compensation has directed a sum of Rs. 82,380/- to be paid to respondents 1 and 2 by way of compensation for the death of one Mr. Som Dev who had allegedly died during the course of his employment with respondents 3 and 4. Besides compensation the Commissioner, Workmen s compensation also directed a penalty of 50% of the amount of compensation to be paid to the claimants. The vehicle which had met with an accident and in which the deceased was stated to be employed was insured with the appellant-Insurance company. The Insurance Company has challenged this award mainly on two grounds, namely, (1) that the claim petition before the Commissioner, Workmen s compensation Act was barred by time inasmuch as while the accident took place on 27. 3. 1988, the claim petition was filed in May, 1990 i. e. beyond the period of two years prescribed under the Workmen s Compensation Act for filing claim and (2) the Insurance Company could not be held liable to pay the amount of penalty imposed





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