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2021 Supreme(HP) 914

JYOTSNA REWAL DUA
Sumitra @ Savitri, w/o late Sh. Ishwar Singh – Appellant
Versus
Veena Devi, w/o late Sh. Ishwar Singh – Respondent


Advocate Appeared
For the Appellant :SH. SUNIL BANCHTA AND SH. PANKAJ SAWANT, ADVOCATES
For the Respondent:SH. PREM P. CHAUHAN, ADVOCATE

JUDGMENT :

1. These two appeals arise out of the award dated 04.05.2017, passed by the learned Commissioner under the Employee’s Compensation Act, awarding compensation to Smt. Veena Devi on account of death of her husband. FAO No.62 of 2018 has been preferred by the owner of the vehicle, whereas FAO No.35 of 2021 has been filed by the insurer of the vehicle. Being inter-connected, these appeals are taken up together for decision.

FAO No.35 of 2021

2. Facts:-

2(i). Smt. Veena Devi (hereinafter referred to as respondent No.1) filed a claim petition under Section 22 of the Employee’s Compensation Act. She pleaded that she is widow of deceased Ishwar Singh. Her husband was employed as a driver by Ms. Sumitra (hereinafter referred to as respondent No.2). Ishwar Singh was driving Vehicle No.HP-03C-1907 on 25.03.2010, when it met with an accident causing his death. The vehicle was owned by respondent No.2. Ishwar Singh died during the course of his employment. He was 59 years of age at the time of accident. He was getting a salary of Rs.8000/- per month. In all, a compensation of Rs.15 Lakhs alongwith interest was claimed.

2(ii). Ms. Sumitra (respondent No.2) opposed the claim petition. Her s

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