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2023 Supreme(HP) 291

JYOTSNA REWAL DUA
New India Assurance Co. Ltd. – Appellant
Versus
Rukmani – Respondent


Advocate Appeared:
For the Petitioner:Mr. B.M. Chauhan, Sr. Advocate with Mr. M.S. Katoch, Advocate.
For the Respondent:Mr. C.N. Singh and Mr. Devender Sharma, Advocates.

JUDGMENT :

Jyotsna Rewal Dua, J.

The insurer is in appeal against the judgment dated 31.12.2012 passed under Section 22 of the Workmen’s Compensation Act awarding compensation of Rs. 6,40,710/- to the claimant alongwith interest @ 7% per annum w.e.f. 23.09.2006 till realization.

2. Respondent No.1 filed claim petition with the averments that her son Sh. Subhkaran was working as a truck driver with respondent No.2. He was being paid salary @ Rs.2500/- per month +Rs.120/- per day diet money. Her son was unmarried and the only bread earner of the family consisting of his parents and two younger brothers. He met with an accident while driving the truck on 23.08.2006, which resulted in his death. Respondent No.2, the owner of the truck was proceeded ex-parte. The insurer opposed the claim petition. Learned Court below vide its judgment dated 31.12.2012 held that deceased Sh. Subhkaran was a workman within the purview of the Workmen’s Compensation Act. He died in the course of his employment. His monthly wages were taken as Rs. 2500/- + Rs. 3600 as monthly diet money. Thus in all, month

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