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1996 Supreme(P&H) 1378

SAROJNEI SAKSENA
Manpreet Kaur (Minor) – Appellant
Versus
Assistant Labour Commissioner For Workmens Compensation – Respondent


Judgment

Sarojnei Saksena, J.

1. Petitioners have assailed the order of the Assistant Labour Commissioner and Commissioner for Workmens Compensation, Rajpura District Patiala dated 6.9.1995 whereby petitioner petition filed under Section 140 of the Motor Vehicles Act, is disallowed.

2. Brief facts of the cases are that the petitioners are daughter, son and widow of Gurdev Singh, who was an employee/driver of respondent No. 2 on Car No. PUC/193. On 30.9.1983 when on his official duty, he was returning from Chandigarh to Patiala, this car fell in Bakhra Canal, resultantly, Gurdev Singh died in the accident/ Petitioner-defendants of Gurdev Singh filed the petition before respondent No. 1 claiming compensation on account of death of Gurdev Singh. This petition was filed in the month of March, 1993 under the Workmens Compensation Act. During the pendency of this petition on 26.4.1995 petitioners filed petition under Section 140 of the Motor Vehicles Act and claimed Rs. 50,000/- as compensation on account of no fault liability.

3. Respondent Nos. 2 and 3 denied the allegations made in the petition.

4. By the impugned order, learned Assistant Labour Commissioner-respondent No. 1 dismissed












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