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1996 Supreme(Guj) 393

S.K.KESHOTE
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
RANA KIRITSINH JATUBHABHAI – Respondent


Advocates Appeared: A.J.PATEL, AJAY MEHTA, D.M.THAKKAR, GAURANG H.BHATT, H.J.NANAVATI, MEHUL SHARAD SHAH, P.R.NANAVATI, R.H.MEHTA, TARUN V.SHAH

S. K. KESHOTE, J.

( 1 ) : as substantially same issue has been raised in these petitions by the counsel for the petitioners and as such these petitions are being disposed of by this common judgment. Special Civil Application No. 3624 of 1983.

( 2 ) THE respondents nos. 1 and 2, herein are the sons of late Jatubha Chakubha Rana who was serving with the respondents nos. 3 to 5 as helper for distribution of L. P. Gas Cylinders at their godown at Surendranagar. The respondents nos. 3 to 5 are the distributors of the Indane Gas at Surendranagar. On 16. 12. 1981, late Jathubha was on duty at the godown of the respondents nos. 3 to 5. Some unknown persons who may have come to commit theft of LP Gas Cylinders have been challenged by the deceased. Those persons have inflicted injury to the deceased father of the respondents nos. 1 and 2, which resulted in his death. Those persons had also committed theft of eight LP Gas cylinders. As the death of the father of the respondents nos. 1 and 2 had been in accident arisen out of and in course of employment as workman with the respondents nos. 3 to 5, the respondents nos. 1 and 2 have filed an application for compensation of Rs. 30,000. 00 in the c












































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