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2023 Supreme(J&K) 203

RAHUL BHARTI
Oriental Insurance Company Ltd. Through its Manager – Appellant
Versus
Mandu Ram S/o Shri Sain Dass – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D. S. Chauhan, Advocate.

JUDGMENT :

1. This is a statutory appeal filed under section 30 of the Employees Compensation (Workmen’s Compensation) Act, 1923 aimed against an award dated 22.03.2010 passed by the Assistant Labour Commissioner (Commissioner Employee’s Compensation), Jammu on File no. Death-33/WCAct/06 titled – “Mandu Ram and Ors. Vs Harjeet Singh and Anr.”.

2. In terms of said award, the respondents no. 1 and 2, the parents of the deceased workman - Roshan Lal, have come to be awarded compensation of an amount of Rs.4,33,820/- made payable by the appellant-Oriental Insurance Company Co. Ltd (in short ‘OIC’) as being the insurer of ill-fated vehicle being registration no. JK02T-4255 owned by the respondent no. 4 – Harjeet Singh and was driven by said Roshan Lal.

3. The deceased – Roshan Lal was in the employment of the respondent no. 4 – Harjeet Singh as a Truck driver having Truck no. JK02T-4255 at his driving disposal. On 15.04.2006, when the deceased – Roshan Lal was driving said Truck no. JK02T-4255 on its way from Jammu to Srinagar, upon reaching Betri Chashma, said Truck met with an accident by skidding into a Nallah resulting in death of its driver - Roshan Lal.

4. Upon this incident, the pare

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