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2021 Supreme(J&K) 6

National Insurance Co. Ltd. – Appellant
Versus
Santosh Devi – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajesh Kumar, Advocate.
For the Respondent:Mr. V. Bhushan Gupta, Advocate.

JUDGMENT :

1. In this appeal filed under Section 30 of the Workmen’s Compensation Act, 1923 award dated 31.10.2018, passed by the Court of Commissioner under Employees Compensation Act, 1923 (Assistant Labour Commissioner), Kathua (for brevity ‘Commissioner’) is under challenge, wherein appellant has been directed to pay a compensation of Rs.9,53,819/- within 30 days failing which interest @ 12% p.a. on the order till the time it is actually realized to the claimants/respondents l to 5, herein.

2. The appeal is being filed on the premise that in the claim petition filed by the respondents 1 to 5 for grant of compensation on account of death of one Sandeep Kumar S/o Gian Chand, before the Commissioner, the claimants contended that the deceased Sandeep Kumar while being in the employment of respondent No.6 herein died in a vehicular accident while driving a heavy goods vehicle owned by respondent No. 6 on 14.08.2017. The said deceased-driver has been stated to be the employee of respondent No. 6 of the age of 28 years earning a monthly salary of Rs. 15,000/-.

3. The employer/respondent No. 6 herein is stated to have appeared before the Commissioner and in the objections filed admitted t

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