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2024 Supreme(Raj) 375

NUPUR BHATI
Reliance General Ins. Co. Ltd. , Through Branch Office, Udaipur (Raj. ) – Appellant
Versus
Shehnaz Bano W/o late Nizamuddin @ Nizam Mohd. Musalman – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishal Singhal.
For the Respondents: Mr. R.S. Mankad.

ORDER :

(Nupur Bhati, J.) :

1. The instant Misc. Appeal has been filed under Section 30 of the Employee’s compensation Act, 1923 against the order dated 27.02.2015 passed by Employee’s Compensation Commissioner, Udaipur in case No.WC-03/2009 (J.L.C) titled as Smt. Shehnaz Bano & Ors. Vs. Khushbu Auto Finance Ltd. Udaipur & Ors. by which the application of the claimants filed under the Employee’s Compensation Act, 1923 (‘Act of 1923’) has been partly allowed and compensation of Rs.3,89,280/-along with interest @ 12 % per annum from the date of filing application i.e. 20.03.2009 till the date of realisation has been awarded.

2. Brief facts of the case are that the respondents/claimants filed and application before the Employee’s Compensation Commissioner, Udaipur under Section 3 of the Act of 1923 on 20.03.2009 claiming compensation of Rs.3,89,280/-on account of death of Nizamuddin. The case of the claimants is that two months prior to the accident, Nizamudding had been employed as driver on Auto No. RJ-27-PA-0143 which was belonged to respondent No.8 and 9 i.e. Khushbo Auto Finance Ltd. And Prakash Suthar at a salary of Rs.3,000/-per month with Rs. 1000/-by way of allowances. On 20.02

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