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2018 Supreme(J&K) 421

SANJEEV KUMAR
Vinkel Kumar – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Jatinder Singh, Advocate.
For the Respondents:Mr. Vipan Gandotra, Advocate, Mr. Manuj Mahajan, Advocate.

JUDGMENT :

1 This appeal is directed against the award of the Commissioner under Employees Compensation Act, 1923 (Assistant Labour Commissioner), Jammu (hereinafter referred to as “the Commissioner”) dated 20.07.2017. The appeal has been filed by the claimant/employee who feels dissatisfied with the amount of compensation awarded to him.

2. Briefly stated, the facts which are relevant for the disposal of this appeal are that on 07.03.2014, a motor vehicular accident took place near Village Galginder. A motor cab Sumo bearing No. JK06-3599, which was being driven by the appellant turned turtle as a result whereof the appellant suffered multiple injuries and remained admitted in Government Medical College, Hospital Jammu from 05.03.2014 to 24.04.2014. The appellant had to undergo surgeries and was rendered permanently disabled. It was claimed that the appellant was an employee of respondent No. 2, the owner of the vehicle in question. The appellant also claimed that he was 29 years old at the time of accident and was getting monthly wages of Rs. 12,000/-besides trip charges. The claim petition was preferred by the appellant before the Commissioner, Employees Compensation Act, (ALC), J

























































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