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2023 Supreme(J&K) 301

SANJAY DHAR
National Insurance Co. Ltd. – Appellant
Versus
Rattan Chand – Respondent


Advocates Appeared:
For the Appellant : Mr. D.S. Chouhan and Ms. Damini Singh Chouhan.
For the Respondents: Ms. Sipla Devi, Mr. Narinder Kr. Attri.

ORDER :

1. The appellant-Insurance Company has challenged award dated 12.09.2012 passed by the Commissioner, Employees Compensation Act, Udhampur (hereinafter referred to as the Commissioner), whereby an amount of Rs. 4,36,940/- has been awarded as compensation in favour of the claimants/respondent Nos. 1 to 5, to be payable by the appellant- Insurance Company.

2. It appears that respondent Nos. 1 to 5/claimants have filed a petition before the Commissioner seeking compensation on account of death of Sham Lal, who was stated to have died as a result of motor vehicular accident that took place on 09.04.2006, while the deceased was driving a vehicle No. JK14-5546. It was further claimed that the deceased was working under employment of respondent No. 6, the registered owner of the vehicle in question. The Commissioner on the basis of the evidence led by the parties, came to the conclusion that the deceased was working under employment of respondent No. 6 the registered owner of the vehicle in question and his death took place during the course of his employment. It was also found that the deceased was earning monthly wages of Rs. 4000/-. Since the vehicle in question was insured with t

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