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2023 Supreme(Del) 5765

DHARMESH SHARMA
Neelu Kumari – Appellant
Versus
Om & Anr (Bajaj Alliance Gen Ins Co Ltd) – Respondent


Advocates appeared:
Mr. Anshuman Bal, Advocate, for the Appellant; Ms. Ashwarya K., Advocate on behalf of Mr. Navneet Kumar, Advocate, for the Respondent No. 2.

JUDGMENT

Dharmesh Sharma, J. - This appeal is filed by the appellant under Section 30 of the Employee Compensation Act, 1923[The E.C. Act.] assailing the impugned order dated 30.11.2015 passed by Labour Commissioner, Vishwakarma Nagar, Jhilmil Colony, Delhi- 110095, in claim petition No. CWC-D/NE/02/2013/40 dated 21.01.2013 filed by the claimant / appellant, wherein, the claim petition was dismissed.

FACTUAL BACKGROUND

2. To put it succinctly, the claimant, i.e., the appellant before this Court, is the wife of the deceased Brij Kishore Gupta @ Brij Kishore Sah. He died on 25.12.2012 at the age of 38 years, while plying vehicle i.e., TSR bearing No. DL-lRF-0941. The claim petition was based on the premise that the deceased was an employee of Sh. Shri Om i.e., respondent No.1, drawing a monthly salary of Rs. 10,000/-and died in the course of the employment. His legal heirs being solely dependent on his earnings, prayed for compensation according to the provisions under the Act.

3. The impugned order, while encapsulating the events, noted the submission of claimant/appellant that on 25.02.2012 at about 10.00 P.M. the deceased was murdered while on duty on said vehicle during the course of

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