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2021 Supreme(J&K) 701

SANJAY DHAR
Oriental Insurance Company Ltd. – Appellant
Versus
Govindhya Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sumeet Bhatia
For the Respondent: Vipan Gandotra

JUDGMENT :

SANJAY DHAR, J.

1. The instant appeal has been filed by the appellant-Insurance Company challenging award dated 20.05.2019 passed by the Commissioner under Employees' Compensation Act, 1923, whereby the claimants/respondent Nos. 1 to 5 have been held entitled to compensation of an amount of Rs. 5,39,040/- along with interest @ 12% per annum and Rs. 5,000/- as funeral expenses with respect to the deceased. The amount has been made payable by the appellant-Insurance Company.

2. The facts leading to the filing of this appeal are that on 06.06.2014, a tipper bearing Regd. No. JK02AC- 3218 that was being driven by the deceased-Ashok Kumar met with an accident resulting in his death. The vehicle in question at the relevant time was insured with the appellant-Insurance Company. Respondent No. 6- Manjeet Singh happens to be the owner of the offending vehicle. Respondent Nos. 1 to 5 i.e. claimants happen to be the legal heirs/dependents of the deceased, who at the relevant time was under the employment of respondent No. 6.

3. After the death of the deceased, legal heirs/dependents i.e. respondent Nos. 1 to 5 filed a petition claiming compensation under the Employees Compensation Act

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