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2012 Supreme(Jhk) 1097

N.N.TIWARI
Branch Manager, New India Assurance Company Limited, Hazaribagh – Appellant
Versus
Mosmat Tripta – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. Alok Lal.
For the Respondents: Mr. S.K. Pandey.

JUDGMENT

N.N. Tiwari, J—This appeal has been filed under Section 30(1)(a) of the Workmen Compensation Act, 1923 against the order dated 20.5.2003 passed by learned Commissioner, Workmen Compensation, Hazaribagh in W. C. Case No. 31/2002. By the said order, learned commissioner has directed the appellant-Insurance Company to pay the amount of compensation to the dependants of Gopal Pandy, who died in an accident while he was driving the bus bearing Registration No. BR-13P-6251 belonging to Harishchandra Prasad and insured with the appellant-Insurance Company.

2. The dependants of the deceased driver were the claimants before learned Commissioner. According to them, Gopal Pandey was working as driver of the vehicle Tata 407 bearing Registration No. BR-13P-6251. While he was driving the vehicle with a police party -in course of a combing operation, the members of the M.C.C blasted the land mines near Village -Oreya and started firing at the vehicle. As a result of which the vehicle was blown off and the driver Gopal Pandey died at the spot. At the time of the accident, the deceased driver was aged about 25 years and his monthly wages was Rs. 3,500/-per month. Since the driver Gopal Pan



















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