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2023 Supreme(Del) 144

MANOJ KUMAR OHRI
Mumtaz Begum – Appellant
Versus
Saddam Hussain – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anshuman Bal, Advocate
For the Respondent:Mr. Sameer Nandwani, Advocate

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 'EC Act'), the appellants/claimants have assailed order dated 30.08.2018 passed by the learned Commissioner, Employees’ Compensation (North-East District), Delhi in Case No. CEC-D/NE/07/2013/674, whereby the claim petition filed by them was dismissed.

2. Briefly stated, facts of the case are that the claimants had filed an application under Section 22 of the EC Act seeking death compensation in respect of one Tofik/deceased, wherein it was stated that between 12:00-01:00 A.M. on 05.06.2013, he was driving a three-wheeler bearing No.UP-14-DT-1272, when the same was hit by an unknown vehicle. The accident resulted in serious injuries to Tofik. He was taken to GTB Hospital, where he was declared dead. The post-mortem was conducted and the case registered in P.S. Loni, Ghaziabad, U.P. vide FIR No.667/2013 under Sections 279/304-A IPC. It was claimed that Tofiq (aged about 24 years at the time) was working as a driver with respondent No.1 @ Rs.10,000/- per month and had died during the course of employment.

3. Learned counsel for th

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