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2017 Supreme(Del) 3833

VALMIKI J.MEHTA
Shri Ram General Insurance Co. Ltd. – Appellant
Versus
Saroj – Respondent


Advocates Appeared:
For the Appellant :Ms. Meenakshi Midha and Mr. Kapil Midha, Advocates.
For the Respondents:Ms. Shivali Gautam, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. Appl. No. 5105/2017 (for condonation of delay)

This is an application seeking condonation of delay of 112 days in filing the appeal.

For the reasons stated in the application the same is allowed and the delay in the appeal is condoned.

C.M. stands disposed of.

FAO No. 67/2017 and C.M. Appl. No. 5103/2017 (for stay)

1. This first appeal under Section 30 of the Employees Compensation Act, 1923 is filed by the Insurance Company impugning the judgment of the Employees Compensation Commissioner dated 29.7.2016 by which the Employees Compensation Commissioner has allowed the claim petition filed by the respondent no. 1 herein (claimant/applicant before the Employees Compensation Commissioner) and granted compensation of Rs.7,13,960/- along with interest at 12% per annum from 29.9.2012 till its realization.

2. The facts of the case are that respondent no. 1 pleaded that her deceased husband Sh. Nagender Kumar died on 15/16.10.2012 while working as a driver with the respondent no. 2 herein. It was pleaded that the deceased Sh. Nagender Kumar, husband of respondent no. 1 herein, was appointed as driver on Vehicle No. HR-69-C-2050 (10 tyre truck) owned by respond































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