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2005 Supreme(HP) 370

DEEPAK GUPTA
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
GEETA – Respondent


Advocates Appeared:
Mr. Ashwani Kumar Sharma, Advocate, for the Appellant(s); Mr. Ajay Kumar Advocate, for the Respondent Nos. 1 and 2; Mr. Praneet Gupta, Advocate, for the Respondent No. 3.

JUDGMENT

Deepak Gupta, J.—This appeal under Section 30 of the Workmens Compensation Act is directed against the award of the Commissioner under the Workmens Compensation Act, Kandaghat in case No. 2/97 decided on 30th November, 1999.

2. When the appeal was admitted, no substantial question of law was framed. Therefore, at the time of hearing of the appeal, the following substantial questions of law are framed:—

1. Whether the Commissioner, Workmens Compensation has erred in holding that there is no limitation for filing a petition under the Workmens Compensation Act?

2. Whether the petition is within limitation and if not, whether there are sufficient grounds for condoning the delay?

3. Whether the claimants could be awarded interest and if so, from what date?

3. The brief facts necessary for decision of the case are that the deceased Kailash Chand was engaged as a driver with the H.P. State Electronics Development Corporation Limited, Shimla. On 22.1.1987, he was driving a vehicle belonging to the Corporation which met with an accident. Kailash Chand died as a result of the injuries received in the accident.

4. Kailash Chand left behind his widow and minor daughter. A petition for grant











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