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2022 Supreme(Del) 789

MANOJ KUMAR OHRI
IN THE MATTER OF: NEELAM KUMARI – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : R.K. Nain, Shalu.
For the Respondent: Pankaj Seth.

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. By way of the present appeal filed under Section 30 of the Employees’ Compensation Act, 1923 (hereinafter, referred to as the ‘Act’) the appellants/claimants have assailed the order dated 13.12.2017 passed by the learned Commissioner, Employees’ Compensation, District North-West, Vishwakarma Nagar, Jhilmil Colony, Delhi.

2. The appellants had initially filed a claim application under Section 22 of the Act before the learned Commissioner, District North-West, 5, Sham Nath Marg, Delhi on 11.11.2016. In the claim application, it was claimed that Sh. Harbans Lal (the deceased) was employed as a driver on vehicle bearing No. HR-55V-2562 at a salary of Rs. 9,000/- per month plus Rs. 200/- per day as food allowance. The said vehicle was stated to be owned by respondent No. 2/respondent No. 1 and insured with respondent No. 1 (respondent No. 2 therein).

It was averred that on 24.04.2016, when Sh. Harbans Lal was driving the vehicle from Delhi to Bangalore and had reached within the jurisdiction of Police Station Managuli, Bijapur, Karnataka, he had acute pain as there was lot of stress and strain in the long and tiresome driving. It was claimed that since Sh.

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