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1995 Supreme(Ori) 304

ARIJIT PASAYAT
DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SANATAN TARAI – Respondent


Advocates Appeared:
M. Sinha, S. Sen and B. Singh, for the Appellant; R.N. Mohanty, B.N. Ratho, M.K. Panda and N.K. Sarangi, for the Respondent

JUDGMENT :

A. Pasayat, J. - The only point urged in this appeal u/s 30 of the Workmen's Compensation Act, 1923 (in short, the 'Act') relates to entitlement of Respondents 1 to 3 (hereinafter referred to as 'claimants') to compensation.

2. Factual position is almost undisputed and in essence is as follows:

One Sanatan Tarai (hereinafter referred to as 'deceased') lost his life in an automobile accident on June 5, 1993 wherein a vehicle bearing registration No. ORY 715 belonging to Md. Sahab Uddin (hereinafter referred to as 'owner') was involved. Deceased at the time of accident was employed as helper and accident occurred in course of and out of his employment. The deceased was getting Rs. 900/- per month as his wages and was 20 years of age. The vehicle was subject matter of insurance with the appellant New India Assurance Co. Ltd. (hereinafter referred to as the 'insurer'). Claim was lodged by the claimant in the premises that they were entitled to compensation as they depended on the deceased for their living. The Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Cuttack (in short, the 'Commissioner') quantified the amount of compensation at Rs. 79,693/-. It is

















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