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2012 Supreme(Gau) 828

A.K.GOSWAMI
National Insurance Company Ltd. – Appellant
Versus
Purnima Nath – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. B.C. Das, Sr. Advocate, Mr. P.C. Paul and Ms. S. Roy

JUDGMENT

A.K. Goswami, J.

1. This is an appeal filed by the Insurance Company under Section 30 of the Workmen's Compensation Act, 1923, for short, the Act, against the judgment and order dated 22.12.2010 passed the learned Commissioner, Kamrup (M) in W.C. Case No. 77 of 2009, whereby the learned Commissioner awarded an amount of Rs.3,41,380/- as compensation in respect of death of Narayan Nath in a vehicular accident. By the said order, the appellant was directed to deposit the amount of compensation within a month from the date of receipt of the order failing which it was also directed that the Insurance Company will be liable to pay interest @ 12% p.a. after one month of passing of the order. The case of the claimant is that her husband was employed by one Shri Deep Sarma as a driver of his vehicle No. AS-01/ X-9295 (Tata Indica). On 20.01.2007, the husband of the claimant was going towards Lanka in the said vehicle along with his employer and when the employer got down at Lanka for marketing, her husband was in the car. At that point of time, some miscreants took away the vehicle with the driver in the car and he remained traceless till 25.11.2007 and on 25.11.2007, his dead body
































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