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2016 Supreme(HP) 2398

SURESHWAR THAKUR
United India Insurance Company – Appellant
Versus
Dhananjoy Dass – Respondent


Advocates Appeared:
For the Appellant :Mr. Ashwani Kumar Sharma, Sr. Advocate with Mr. Ishan Thakur.
For the Respondents: Mr. Tek Chand Sharma and Mr. K.C. Sankhyan.

JUDGMENT :

Sureshwar Thakur, J.

The instant appeal stands directed against the impugned award rendered by the learned Commissioner, Employees Compensation, Mandi, District Mandi, in Workmen Compensation Petition No. 40/2011 whereby on occurrence of demise of the son of the claimant during the course of his performing employment as a labourer under his employer respondents No. 2 and 3. he determined compensation vis.a.vis the claimant in the sum comprised therein.

2. This appeal was admitted on 7.12.2015 on the hereinfafter extracted substantial questions of law:-

“1. Whether the claim petition filed beyond the prescribed limitation period of two years after death of deceased workman, Sh. Bapi Das on 27.09.2003, was time barred and thus, did not deserve to be entertained?

2. Whether amount of compensation to the tune of Rs.4,45,000/- awarded to the claimant is legal and justified as per provisions of the Employee's compensation Act or on the basis of proved income of deceased and his age the claimant is entitled only to an amount of Rs.2,85,124/- alongwith interest.”

The learned counsel for the appellant has not concerted to repel the legality of the findings recorded by the learned Commi

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