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2024 Supreme(Raj) 628

NARENDRA SINGH DHADDHA
United India Insurance Company Ltd. – Appellant
Versus
Amar Lal, S/o. Late Sh. Devi Lal – Respondent


Advocates Appeared:
For the Appellant : Mr. V.P. Mathur.
For the Respondent: Mr. Narendra Kumar.

JUDGMENT :

Narendra Singh Dhaddha, J.

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 01.03.2017 passed by learned Workmen Compensation Commissioner, Kota in claim case No. JLC/F/18/2016 titled as Amar Lal & Anr. Vs. Shammirai & Anr., whereby learned Commissioner has awarded a sum of Rs.6,64,110/- alongwith interest @ 12% P.A. from the date of accident in favour of the claimants-respondents No.1 and 2 (for short ‘the claimants’).

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 no documentary evidence was placed on record to the effect that in the night time, deceased was working under employment, nor going for bringing food for driver falls under employment. The cause of murder is not at all related to the employment. So, appeal be allowed and judgment dated 01.03.2017 passed by learned Commissioner be set aside.

3. At the outset, learned counsel for the claimants submits that

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