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2021 Supreme(HP) 828

JYOTSNA REWAL DUA
Parkash Chand, S/o. Sh. Khiali Ram – Appellant
Versus
Sanjeev Kumar, S/o. Sh. Balraj – Respondent


Advocates Appeared:
For the Appellant : Sh. Balwant Kukreja.
For the Respondents:Shri K.S. Banyal, Senior Advocate with Shri A.K. Sharma, Shri B.M. Chauhan, Senior Advocate with Shri Amit Himalvi.

JUDGMENT :

The petitioners, in the instant appeal, are aggrieved against the dismissal of their claim petition by the learned Commissioner Employee’s Compensation, Barsar, District Hamirpur vide order dated 28.3.2012.

Parties hereinafter are referred to as they were before the learned Commissioner.

2. The claimants filed a petition under Section 22 of the Employee Compensation Act. They pleaded that Naresh Kumar was their son. He was working as a Conductor on bus No. HP-21-5530. The bus was owned by respondent No. 2-A (Ramesh Chand). Naresh Kumar was employed by respondent No. 2-A as conductor on the bus and was being paid a monthly salary of Rs. 2500/- along with daily diet money of Rs. 100/- etc. In the course of his employment with respondent No. 2-A, Naresh Kumar sustained grievous burn injuries on 1.8.2005. After the accident, he was brought to Zonal Hospital, Hamirpur and further referred to Indira Gandhi Medical College, Shimla, where he remained under treatment till 7.11.2005 when he finally succumbed to his injuries. Compensation of Rupees five lacs or more was prayed by the parents of deceased Naresh Kumar.

3. On considering the entire material available on record, learned Co

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