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2010 Supreme(All) 1907

SATYA POOT MEHROTRA, SANJAY MISRA
ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
GAJENDRI DEVI – Respondent


Advocates:
Counsel :
Vivek Kumar Birla for the Appellant.

JUDGMENT

By the Court.—This is a First Appeal From Order filed under Section 30 of the Workmen’s Compensation Act, 1923.

2. The appellant Insurance Company assails the order dated 21.8.2009 passed by the Workmen’s Compensation Commissioner, Agra in W.C.A. No. 176 of 2008 whereby it has been made liable to pay a compensation of Rupees Four lacs twenty seven thousand one hundred and forty to the claimants for the death of Sri Dharamvir Singh alias Naresh in the accident that occurred on 22.9.2008 at Railway Crossing Mursan within the District of Hathras.

3. Sri V. K. Birla, learned counsel for the appellant has argued that the factum of the deceased’s involvement in the alleged accident of 22.9.2008 was not proved, that the Workmen’s Compensation Commissioner, Agra had no territorial jurisdiction to entertain the claim, that the driver had no valid driving license to drive a Tanker and that the amount of compensation has been illegally granted.

4. We have considered the submission of Sri Birla and perused the record. In so far as the first submission is concerned the owner of the Tanker has in the written statement admitted that the deceased driver was under her employment at the time






















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