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2021 Supreme(HP) 580

SATYEN VAIDYA
National Insurance Company Limited Through Its Manager Incharge, Divisional Office, Himland Hotel – Appellant
Versus
Lata Devi WD/O SH. Yadvinder – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MS. Devyani Sharma, Advocate
For the Respondent:MR. Jagan Nath, Advocate MR. Karan Sharma, Advocate

JUDGMENT :

1. By way of instant appeal, the judgment dated 17th January, 2012 passed by learned Commissioner, under Workmen's Compensation Act, Court No.1, Mandi, H.P., in W.C.A. No. 16/2011, has been assailed by the insurer.

2. The claimants/respondents No.1 to 5 had preferred a claim petition under Section 22 of the Workmen Compensation Act (for short “the Act”), on account of death of Shri Yadvinder, who was working as a driver with respondent No.6 and who had died in an accident involving the bus being driven by him during the course of his employment under respondent No.6.

3. The deceased was proved to be 39 years old at the time of his death. It was also proved that he was earning Rs.4000/- per month from salary and Rs.75/- per day as diet money being paid to him by respondent No.6. The vehicle was insured with the appellant/insurer.

4. Learned Commissioner awarded a sum of Rs.5,75,531/- in favour of the claimants/respondents No.1 to 5. The liability to pay compensation was fastened on the appellant/insurer. In addition, interest @6% per annum on the awarded amount w.e.f. 12.03.2007 till realization was awarded in favour of the claimants/respondents No.1 to 5 and liability to thi

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