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2022 Supreme(P&H) 2133

G. S. SANDHAWALIA
National Insurance Company Limited – Appellant
Versus
Simran – Respondent


Advocates appeared:
Mr. D.P.Gupta, Advocate, for the Appellant; Mr. S.R.Chaudhary, Advocate, for the Respondent.

JUDGMENT

G.S. Sandhawalia, J. (Oral) - CM-8231-CII-2019

1. Application has been filed for release of the awarded amount to the applicants without furnishing security.

2. With the consent of counsels for the parties, the main appeal is taken on Board today itself.

3. CM stands disposed of.

FAO-1946-2017 (O&M)

4. The present appeal arises out of the award of the Commissioner under the Employee's Compensation Act, 1923 (for short, the 'Act') dated 26.12.2016 vide which a sum of Rs.6,66,998/- had been directed to be paid along with interest @ 10% per annum from the date of the accident i.e. 01.06.2011 to the claimants-respondents.

5. Counsel for the Insurance Company has submitted that the substantial question of law which would arise for consideration is firstly that the deceased-Phool Singh was the son of the employer-Sat Pal and therefore, there was no positive material to show that there was a relationship of employer-employee, to bring the case within the ambit or jurisdiction of the Commissioner under the Act. Secondly, it is argued that the licence of the deceased was of a Light Motor Vehicle and admittedly, he was driving an ambulance and therefore, it is contended that he was not aut

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