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2023 Supreme(Raj) 850

NARENDRA SINGH DHADDHA
Mandroop S/o Shri Hariya – Appellant
Versus
Shankar Lal S/o Ram Nath – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Atul Kumar Jain, Adv.
For the Respondent: Mr. Chanderdeep Singh Jodha, Adv.

JUDGMENT :

1. The instant appeals have arisen out of the judgment and award dated 13.06.2013 passed by the learned Workmen Compensation Commissioner, Sawaimadhopur (for short ‘the learned Commissioner’) in Claim Case No.E.C.A. No.21/2012, titled as “Mandroop Vs. Shankar lal & Anr.”, whereby the learned Commissioner while partly allowing the claim petition, has awarded a sum of Rs.4,42,740/-along with interest @ 12 % per annum from the date of incident as compensation in favour of the claimant-Mandroop. The learned Commissioner has also imposed fine of Rs.2,00,000/- upon the non-claimant No.1-Shankar Lal.

2. CMA No.2797/2013 has been filed by the claimant seeking enhancement of compensation awarded by the learned Commissioner, whereas CMA No.3748/2013 has been filed by the Royal Sundaram Alliance Insurance Company Limited (for short ‘the insurance company’) challenging the judgment & award dated 13.06.2013 passed by the learned Commissioner on the various grounds.

3. CMA No.2797/2013-Learned counsel for the claimant submits that the learned Commissioner wrongly deducted 50% of the deceased’s income, whereas the deceased’s income was Rs.4,000/-per month at the relevant point of time. So

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