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2024 Supreme(Jhk) 420

SANJAY KUMAR DWIVEDI
Rekha Devi – Appellant
Versus
Bablu Modak – Respondent


Advocates Appeared:
For the Appellants : Mr. Nikhil Ranjan.
For the Ins. Company : Mr. Alok Lal.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Nikhil Ranjan, learned counsel appearing for the appellants and Mr. Alok Lal, learned counsel appearing for the respondent No. 2 (insurance company).

2. This Memo of Appeal has been preferred by the claimants against the judgment / award dated 16.12.2017, passed by the learned Presiding Officer, Labour Court, Dhanbad, in W.C. Case No. 13 of 2014, whereby the claim case, filed by the appellants-claimants has been dismissed by the learned Tribunal.

3. Mr. Nikhil Ranjan, learned counsel appearing for the appellants-claimants has submitted that the appellant No. 1 happens to be the wife of deceased Naresh Pramanik, whereas the appellant No. 2 happens to be the minor daughter of the deceased Naresh Pramanik. He then submitted that the deceased Naresh Pramanik was permanent employee of Bablu Modak and was working as driver of the tractor of said Bablu Modak and on 21.08.2013, Naresh Pramanik was performing his duties and at about 12.00 A.M., when he was plying the tractor with sand loaded in the same and while he was crossing Shiv Sagar Drain, a flood tide has been occurred in Shiv Sagar Drain and the driver and tractor came in contact with the f

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