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2018 Supreme(Del) 3184

NAJMI WAZIRI
ABDUL GAFFUR @ ABD. GAFUR – Appellant
Versus
SACHIT BHAGAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.K. Nain, Advocate.
For the Respondent:Mr. Akhilesh Kumar, Advocate.

JUDGMENT :

NAJMI WAZIRI, J.

1. This First Appeal under section 30 of the Employee’s Compensation Act, 1923 (in short “the Act”) impugns an order dated 27.09.2017 passed by the Commissioner, Employee’s Compensation dismissing the appellants’ claim for compensation, for want of jurisdiction, as the claimants were ordinarily residents of Bihar where the accident happened, while the motor vehicle involved was registered in Gurgaon, Haryana.

2. The brief facts of the case are that the deceased Sarfaraj Alam S/o Abdul Gafur @ Agr. Gafur, was employed with the respondent as a “cleaner” for the latter’s motor vehicle bearing no. HR-55-J-5589. On 17.05.2016, Sarfaraj Alam met with an accident arising out of and during the course of his employment that resulted in his death on 26.05.2016; under the respondent’s directions, the deceased was transporting fruits on the said vehicle from Azadpur Mandi to Muzaffarpur (Bihar). The vehicle was unloaded at Muzaffarpur; it was then taken to leechi orchards to get it loaded with the leechi fruit. On 17.05.2016 when the vehicle reached the leechi orchards, it came into contact with a high tension electric wire. Sarfaraj was electrocuted, hence, could not











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