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2017 Supreme(Del) 3599

VALMIKI J.MEHTA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.K. Soni, Advocate
For the Respondent:Mr. R.K. Nain, Advocate Mr. S.N. Parashar, Advocate with Ms. Pankaj Kumari, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This first appeal under Section 30 of the Employee’s Compensation Act, 1923 (hereinafter referred to as ‘the Act’) is filed by the insurance company impugning the judgment of the Employee’s Compensation Commissioner dated 15.6.2015 by which the Employee’s Compensation Commissioner has allowed the claim petition which was filed by the claimant/respondent no.1 herein and has granted compensation of Rs.5,16,672/-along with interest at 12% per annum from the date of the accident till realization.

2. The facts of the case are that the respondent no.1/claimant pleaded that he was employed as a co-driver by the respondent no.2 herein (respondent no.1 before the Employee’s Compensation Commissioner), on the truck/vehicle owned by him being HR-38M-8225. It was pleaded by the respondent no.1/claimant that on 14.11.2009 he was on a business trip from Delhi to Calcutta and when the subject truck reached police station Nawab Ganj near Allahabad at 7A.M. there was an accident on account of another vehicle coming from the opposite direction and hitting the said truck HR-38M-8225. It was pleaded that on account of the accident, the respondent no.1/claimant was caugh

































































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