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1999 Supreme(HP) 58

D.RAJU, LOKESHWAR SINGH PANTA
THE ORIENTAL INSURANCE COMPANY – Appellant
Versus
OM PRAKASH – Respondent


Advocates Appeared:
Mr. Rajiv Mehta, Advocate, for the Petitioner; M/s. Deepak Gupta and K.S. Pathania, Advocates, for the Respondents.

JUDGMENT

D. RAJU, C. J.—The above appeal has been filed by the Insurance Company which was arrayed as the second respondent on the file of the Commissioner under the Workmens Compensation Act, Joginder Nagar, Mandi District in proceeding file No. 2 against the order dated 12.12.1990 passed therein awarding a total compensation of Rs. 78,593.36 to the claimants who are the sons and daughters of late Salig Ram, said to be a resident of village Pehloon Tehsil Baijnath, District Kangra. The case of the claimants before the Commissioner constituted under the Workmans Compensation Act was that one Suresh Kumar aged about 27 years, the brother of the claimants was working as driver with one Ami Chand Rana, the 5th respondent herein, getting a salary of Rs. 1,000/- per month, that on 18.7.1988 at about 3.30 p.m. when the said Suresh Kumar was carrying products of forest nursery, an accident took place at Bharoli Nalla, Tehsil Joginder Nagar, as a result of which he was said to have sustained fatal injuries and died as a consequence thereof on the spot. Invoking the provisions of Section 4 of the Act, the applicants claimed for the award of a compensation of rupees two lakhs.

2. The appellan











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