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2023 Supreme(Raj) 1318

NARENDRA SINGH DHADDHA
United India Insurance Company Ltd. – Appellant
Versus
Kurda Ram son of Shri Gopal Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Tripurari Sharma, Adv.
For the Respondent: Mr. Naveen Dhuwan, Mr. Akhil Dadhich, Adv. on behalf of Mr. Amit Singh Shekhawat, Adv.

JUDGMENT :

This Civil Misc. Appeal has been filed by the appellant- Insurance Company (for short ‘the Insurance Company’) u/s 30 of Workmen’s Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 23.01.2015 passed by learned Workmen Compensation Commissioner, Sikar in claim case No. WCC/F/54/2009 titled as Kurda Ram & Anr. Vs. Amar Singh Shekhawat & Ors., whereby an amount of Rs.4,39,900/- with interest @ 12% from the date of the accident has been awarded as compensation in favour of the claimants-respondents (for short ‘the claimants’) and against the Insurance Company and Rs.5,000/- has also been awarded as funeral expenses.

2. Learned counsel for the Insurance Company submits that learned Commissioner wrongly allowed the claim petition filed by the claimants. Learned counsel for the Insurance Company also submits that there was no relationship of employee and employer between the deceased and owner of the vehicle. As per the version of the claimants, the deceased was employed with respondent No.4-Ram Niwas, who was neither the insured nor the registered owner of the vehicle. He further submits that deceased who was driving the vehicle at the relevant point

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