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SURESHWAR THAKUR
Kumari Reena – Appellant
Versus
Heera Nand – Respondent


Advocates Appeared:
For the Appellant :Mr. H.C. Sharma, Advocate.
For the Respondent:Mr. Chandan Goel, Advocate

JUDGMENT :

Sureshwar Thakur, J.

1. The instant appeal stands directed against the impugned order of 9.9.2011 rendered by the Commissioner (IV) Shimla, Exercising Powers under Employee's Compensation Act, 1923 (for short "the Commissioner") whereby he dismissed the application preferred there before by the claimants whereby they had claimed compensation on occurrence of demise of their brother Raju in a motor vehicle accident involving vehicle No. HP-01A-1393 whereon he stood engaged as a driver by respondent No.1.

2. Uncontrovertedly the demise of Raju, the brother of the claimants occurred during the course of his performing employment under respondent No.1 as a driver in the aforesaid relevant vehicle. The Commissioner discounted, the oral testification of PW-2 (Ravi Kumar) wherein he bespoke qua his and co-applicant Reena holding a relationship with deceased Raju respectively as his brother and his un-married minor sister, merely for want of adduction of documents in proof thereof comprised in the relevant pariwar register maintained with the Panchayat concerned. The reason aforesaid as meted by the learned Commissioner for discounting the factum of the claimants' holding a relatio
















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