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2011 Supreme(P&H) 1623

MOHINDER PAL
Tata AIG General Insurance Company Ltd. – Appellant
Versus
Poonam – Respondent


Advocates:
For the Appellant:Mrs. Vandana Malhotra, Advocate.
For the Respondents No.1 to 5:Mr. Ashwani Gaur, Advocate.
For the Respondent No.6:Ms. Rajwinder Kaur Joshi, Advocate.

JUDGMENT

Mr. Mohinder Pal, J.: - Tata AIG General Insurance Company Limited (hereinafter referred to as ‘the Insurance Company’) has preferred this appeal against the order/award dated 14.12.2010 passed by the Commissioner under the Workmen’s Compensation Act, 1923, Circle 2, Sonepat (hereinafter referred to as ‘the Commissioner’) whereby the claimantsrespondents Nos.1 to 5 herein, i.e. dependents of deceased Siri Bhagwan, who was working as a Driver on tractor bearing registration No.HR-10N 8051, belonging to respondent No.6-Sumit, were held entitled to compensation to the tune of Rs.4,00,017/- along with interest at the rate of 12 per cent from the date of filing of petition i.e. from 7.4.2010 to the date of award i.e. 14.12.2010 i.e. Rs.32,935/- total amounting to Rs.4,32,952/-. However, since the vehicle of respondent No.6-Sumit, i.e. tractor bearing registration No. No.HR-10N-8051, on which Siri Bhagwan had been employed as a Driver, was insured with the Insurance Company (appellant), the Commissioner held that the Insurance Company would be liable to pay the said amount. It was further ordered by the Commissioner that in case the appellant fails to deposit this amount before










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