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2022 Supreme(Del) 1898

MANOJ KUMAR OHRI
New India Assurance Co Ltd – Appellant
Versus
Shyam Sunder – Respondent


Advocates appeared:
Dinesh Sharma, Advocate, R.K.Nain, Advocate, Daksh Nain, Advocate

JUDGMENT

MANOJ KUMAR OHRI,J. - In the present proceedings instituted under Sec. 30(1)(a) of the Workmen's Compensation Act, 1923 (now Employees' Compensation Act, 1923 and hereinafter referred to as 'the EC Act'), the appellant has assailed order dtd. 18/6/2021 passed by the Commissioner, Employee's Compensation in Case No.13/WC/DLC/NDD/2017/513, whereby the application filed on behalf of respondent No.1/claimant seeking injury compensation under Sec. 22 of the EC Act was allowed and an amount of Rs.4,24,994.00 was directed to be deposited by the appellant (respondent No.1 therein) alongwith interest @ 12% p.a. w.e.f. 26/1/2007 till its realization and respondent No.2 was directed to deposit penalty amount to the tune of Rs.2,12,497.00 in favour of the Commissioner, Employee's Compensation.

2. Brief facts, as emerge from the record, are that the claimant was employed with respondent No.2 as a driver for about four years and was posted for the last one year on the vehicle bearing No.UP-78-AT-8910 (Truck) owned by respondent No.2. On 27/1/2007, while driving the aforesaid truck, the claimant met with an accident at Alam Nagar, Nahar Chowraha, Lucknow by an over-speeding vehicle bearin

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