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2016 Supreme(J&K) 215

RAMALINGAM SUDHAKAR
National Ins. Co. Ltd. – Appellant
Versus
Mohd. Misri & ors. – Respondent


Advocates:
For the Appellants :Mr. Ajay Kr. Gandotra, Advocate.
For the Respondents:Mr. Vishal Sharma, Advocate.

JUDGMENT

1. Application has been filed seeking extension of time to file cross objections to the appeal filed by the Insurance Company. Non-applicant –Insurance Company has no serious objection for entertaining the cross objections. Delay is condoned. Cross objections be numbered accordingly.

2. The question of law arising out in the appeal for consideration is as to whether the Assistant Commissioner under Workmen’s Compensation Act (ALC) Jammu misdirected himself while rendering the finding that deceased Ashraf Ali S/o Mohd. Missri is not holding a valid driving License and that it was fake.

3. Insurance Company has filed the appeal challenging that the portion of order whereby it was directed to settle the claim of the parents of the deceased on the basis of the valid Insurance Policy issued under Workmen’s Compensation Act despite the finding given by the Assistant Labour Commissioner that the driving license of deceased Ashraf Ali was held to be fake and got reviewed fraudulently.

4. Death of Ashraf Ali in accident which happened on 28.03.2006 while driving L. P. Truck No. JK02K-8179 is not in dispute and that valid Insurance Policy covering the claim for Workmen’s compensation is























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