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2023 Supreme(Jhk) 714

PRADEEP KUMAR SRIVASTAVA
Jugal Kishor Ray, S/o Late Lakhan Ray – Appellant
Versus
Ashok Prasad Yadav, S/o-Late Badho Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arvind Kr. Lall, Advocate
For the Respondent: Mr. Manish Kumar, Adv.

JUDGMENT :

Heard learned counsel for the appellant and learned counsel for the respondent No.2. Inspite of valid service of notice none appears on behalf of respondent No.1

2. The present miscellaneous appeal has been preferred under Section 30 of the Employee’s Compensation Act, 1923 assailing the judgment/award dated 29.02.2020 passed in E.C. Case No.14 of 2016 by the court of Sri Rajendra Bahadur Pal, learned Presiding Officer, Labour Court-cum-Commissioner, Deoghar under Employee’s Compensation Act, 1923, whereby and whereunder learned court below has awarded amount of compensation without any interest which is mandatory under Section 4(A) of Workmen’s(Employee’s) Compensation Act, 1923.

3. Factual background of the case in a narrow campus is that one Lakhan Ray(deceased) was employed as driver of tractor bearing Reg. No.JH-17D-9017 attached with Trolley No. JH-11D-9018 owned by respondent No.1-Ashok Prasad Yadav. On 28.01.2009 while Lakhan Ray was employed as driver by the respondent No.1 for transportation of cement and iron rods loaded on trolley and in the course of employment, he met with an accident near Panchsalvey Forest area and died. In this connection, Tisri P.S. Case N

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