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2023 Supreme(Raj) 1965

NARENDRA SINGH DHADDHA
United India Insurance Company Sikar – Appellant
Versus
Gulabi Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amarnath Pareek
For the Respondents: N.R. Singh, Ajay Kumar Tanenia

JUDGMENT :

Narendra Singh Dhaddha, J.

1. This Civil Misc. Appeal has been filed by the appellant- Insurance Company (for short 'the Insurance Company') under section 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 24.11.2014 passed by learned Workmen Compensation Commissioner, Sikar in claim case No. WCC/F/44/2011 titled as Smt. Gulabi Devi & Ors. v. Gulzari Lal & Anr., whereby an amount of Rs. 6,39,200/- and Rs. 5,000/- as funeral expenses with interest @ 9% from the date of filing the claim petition has been awarded in favour of the claimants-respondents (for short 'the claimants') and against the Insurance Company and in case the compensation is not paid within 30 days, the amount of compensation shall carry interest @ 12% per annum.

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 is no evidence that deceased was earning Rs. 8,000/- per month. Learned counsel for the Insurance Company submits that as per FIR, the deceased was travelling in the offending truck as a passenger and was

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