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2015 Supreme(P&H) 917

KULDIP SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Bimla Devi – Respondent


Advocates:
For the Appellant :Pardeep Goyal, Advocate
For the Respondents:Vivek Goyal, Advocate

Kuldip Singh, J.:-

1. This appeal has been filed against order dated 9.9.2014, passed by the Commissioner under the Employee's Compensation Act, 1923, Kaithal, vide which, the Commissioner awarded compensation to the tune of Rs. 11,28,960/- in favour of the applicants and against respondent No. 2 Insurance company, holding that only respondent No. 2 - insurance company is liable to pay the compensation.

2. Insurance company is not satisfied with the order and has come up in the present appeal. In the appeal, notice was issued to all the respondents. The applicants put in appearance. However, the employer Ashish - respondent No. 3 did not appear despite notice.

3. I have heard learned counsel for the parties and have also carefully gone through the file.

4. It is necessary to reproduce brief facts of the case. According to the case of the petitioners before the lower Court, Balinder @ Bender son of Siria Ram was employed by Ashish - respondent No. 3 as a driver on Bolero jeep bearing registration No. HR-67-6140 on the month salary of Rs. 8000/-. On 9.6.2012, said Balinder along with Ishwar had gone for the work of respondent No. 3 Ashish from Kalyat towards Mataur. At about 10.00 p.m.,







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