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2015 Supreme(Gau) 1426

NISHITENDU CHAUDHURY
UNITED INDIA INSURANCE COMPANY LTD. – Appellant
Versus
GAYA ROY – Respondent


Advocates Appeared:
For the Appellant : S.S. Sharma and A. Sharma.
For the Respondent:N. Debnath, Advocates.

JUDGMENT :

Nishitendu Chaudhury, J.

This is an appeal under section 30 of the Workmen's Compensation Act, 1923 challenging the judgment and award dated 24.2.2005 passed by Workmen's Compensation Commissioner (hereinafter referred to as 'the WC Commissioner'), Guwahati in W.C. Case No. 272/2002. By that judgment and award, the WC Commissioner has awarded compensation of Rs. 3,06,180/- against the owner and directed the insurance company to make payment because of insurance coverage. One Gaya Roy, as claimant, instituted the workmen's compensation claim stating that her husband Maneswar Roy died on 7.7.2002 in course of his service in Bus No. AS-15/1245 owned by O.P. No. 1 Dipak Das and insured by O.P. No. 2 United Insurance Company Limited. A U/D case was registered at Sarbhog P.S. vide No. 08/2002 in regard to the death and investigated into. The deceased used to get Rs. 1,200/- as monthly salary daily allowance and his age was 50 years at the time of accident.

2. On notices being issued by the WC Commissioner, the opposite parties appeared. O.P. No. 1 by filing written statement admitted that deceased was his employee in the aforesaid bus and that he died on 8.7.2002 in course of his

































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