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2024 Supreme(J&K) 85

SANJEEV KUMAR
National Insurance Co. Ltd – Appellant
Versus
Rakesh Kumar Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Rajesh Kumar Advocate.
For the Respondent:Mr.M.S.Malik Advocate.

JUDGMENT :

1. An award dated 24.10.2008 passed by the Commissioner under Workmen’s Compensation Act (Assistant Labour Commissioner), Udhampur [‘the Commissioner’]in file No.DWC/2006/10 titled ‘Rakesh Kumar Sharma and others vs. Shamsher Singh and another’, is subject matter of challenge in this appeal filed under Section 30 of the Workmen Compensation Act, 1923 [‘1923 Act’].

2. This appeal was admitted to hearing vide order dated 17.09.2021 on the following substantial questions of law:

    (i) Whether the employer and the insurer are liable to compensate the petitioners/dependents of the deceased even if the deceased has not suffered any injury/died in an accident when admittedly the deceased was found murdered and had neither died because of any injury directly attributable to his employment; and,

(ii) Whether there was any nexus with the nature of employment and the murder and the cause of death, when there is no finding of the Commissioner under workmen’s Compensation Act in this respect.

3. Before addressing the substantial questions of law framed in this appeal, an advertence, though brief, to the factual antecedents leading to the filing of this appeal would be beneficial to put the

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