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2006 Supreme(Gau) 476

D.BISWAS, ANIMA HAZARIKA
National Insurance Company Ltd. – Appellant
Versus
Rana Dev Sutradhar – Respondent


JUDGMENT

D. Biswas, J.

1. This appeal by the Insurance Company is directed against the judgment and order dated 29th May, 2002 passed in W.C. Case No. 217/2001 by the learned Commissioner, Workmen's Compensation, Kamrup at Guwahati allowing a compensation of Rs. 4,23,580/- to the respondents-claimants.

2. The respondent Nos. 1, 2 and 3 filed the claim petition for compensation on death of Dara Singh Sutradhar who was working as driver of a Mini Truck bearing Registration No. AS-01/C-3182 belonging to the respondent No. 4.

3. On 29.07.2001, Dara Singh Sutradhar was driving the aforesaid vehicle with CRPF personnel on way to Rangjuli. On the way at Bhalukjuli, while passing over a wooden bridge, the vehicle was blown off by a remote controlled explosive device by extremists. As a result, Dara Singh Sutradhar along with two other persons died. The vehicle was insured with the appellant Company. The death of the driver was in course of his employment and, as such, an application for compensation was filed under the Workmen's Compensation Act. It may be mentioned here that the claim petition has been filed by the brother of the deceased, sister (widowed) and her son.

4. The appellant Company















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