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2023 Supreme(Raj) 1350

NARENDRA SINGH DHADDHA
United India Insurance Company Limited – Appellant
Versus
Hardeva Ram S/o Mangla Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ram Singh Bhati, Adv.
For the Respondent: Mr. Akshat Chaudhary, Mr. Amit Singh Shekhawat, Adv.

JUDGMENT :

1. 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 13.01.2015 passed by learned Workmen Compensation Commissioner, Sikar (for short ‘learned Commissioner’) in claim case No.WCCF/NF/27/2007 titled as Hardeva Ram Vs. Harphool Singh & Anr., whereby an amount of Rs.2,36,472/- with interest @ 12% has been awarded in favour of the claimant-respondent No.1 (for short ‘the claimant’) with effect from the date of accident i.e. 01.02.2007.

2. Learned counsel for the Insurance Company submits that the learned Commissioner has wrongly allowed the claim petition filed by the claimant. Learned counsel for the Insurance Company also submits that no FIR was lodged regarding accident dated 01.02.2007 for two months. Rather, the claimant submitted an application after a lapse of more than 2 months, on which no investigation was conducted by the police. Learned counsel for the Insurance Company also submits that claimant had not submitted any evidence regarding income. Claimant was not a regular labourer and works as per the daily r

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