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2016 Supreme(HP) 1344

RAJIV SHARMA
National Insurance Company Limited – Appellant
Versus
Dhani Devi – Respondent


Advocates Appeared:
For the Appellant :Mr. Jagdish Thakur, Advocate.
For the Respondents:Mr. J.R. Poswal, Advocate

JUDGMENT :

Rajiv Sharma, J.

This appeal has been instituted against Order dated 30.7.2015 rendered by the learned Civil Judge (Senior Division), Shimla exercising the powers of Commissioner, under the Employees Compensation Act, 1923, in W/C Case No. 07/02 of 2011/2009.

2. “Key facts" necessary for the adjudication of the present appeal are that the respondents No.1 to 4 have filed a petition under Section 22 of the Workmen Compensation Act seeking compensation of Rs. 10.00 Lakh. According to the averments made in the petition, respondents No.1 to 4 are the legal representatives of deceased Devinder Kumar. Respondents No.5 and 6 are transporters having a fleet of taxi/cars and luxury coach buses attached with Hotel Taj at Sector 17-D, Chandigarh. Deceased Devinder Kumar was engaged as a driver by respondents No.5 and 6 with effect from 21.12.2007. Initially his wages were Rs. 4,000/- per month. Later same were enhanced to Rs. 5,000/- per month. On 4.2.2009, Devinder Kmar was asked by the respondents No.5 and 6 to drop passengers at Srinagar (Jammu & Kashmir) in Innova car bearing No. CH-02-1611. He went to Srinagar. On 12.2.2009, while coming back from Jammu & Kashmir, deceased Devind






































































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