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2010 Supreme(J&K) 176

GH.HASNAIN MASSODI
Divisional Manager, J&K SFC – Appellant
Versus
Ab. Majid – Respondent


Advocates Appeared:
Advocate For Appellant: Vipan Gandotra
Advocate For Respondent: M.P. Gupta

1. This appeal is directed against the award made by Commissioner under Workmans Compensation Act, (Assistant Labour Commissioner Udhampur) in file No. IWE/2002-1 whereby Commissioner under the Act, assessed an amount of Rs. 1,46,772/- as compensation for the disablement suffered by respondent No. 1 /workman due to an accident. In the course of his employment and also directed payment of interest at the rate of 6% per anum from the date the accident took place till compensation assessed was paid. The back ground facts are as under:-

2. The respondent No. 1 on 16.1.2002 filed claim petition under Workmans Compensation Act, before the Commissioner under the Act, pleading therein that on 1.11.2000 at about 11 A.M. respondent No. 1/claimant under the employment of respondent No. 5 in the claim petition, was hit from behind by a sleeper resulting in serious injury to his left elbow. The respondent No. 1 /claimant insisted that the accident took place during course of employment and the respondent No. 1/claimant was thus entitled to claim compensation from his employers i.e. respondents 1 to 4 in the claim petition. It was pleaded that respondent No. 1 /claimant was of 32 years of age at















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