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2019 Supreme(All) 1760

PRADEEP KUMAR SRIVASTAVA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Warishan – Respondent


Advocates Appeared:
For the Appellant : Rahul Sahai.
For the Respondent: Ved Mani Sharma.

JUDGMENT :

1. Heard Shri. Rahul Sahai, learned counsel for the appellant and Shri Ved Mani Sharma, learned counsel for the respondents.

2. This first appeal has been filed against award dated 30.10.2013 passed by Workmen's Compensation Commissioner/Assistant Commissioner, Bareilly, in Case No. 16/E.C.A/12 (Smt. Warishan and others Vs. Reliance General Insurance Co. Ltd. and another) by which the learned Commissioner has awarded compensation of Rs. 5,19,154/- along-with 8% simple interest per annum from the date of award.

3. Before the learned Commissioner an application was filed under Employees Compensation Act, 1923 as amended in the year 2010 for award of compensation. In the application it was alleged that the husband of the claimant Shakeel Shah alias Shakir Shah was driver of defendant no. 2 in his private car bearing registration no. U.P 25-E/4065 on payment of Rs.6,000/-per month with other expenses. On 15.09.2011, the deceased was coming from Pilibhit to Bareilly by that car, at about 7 p.m., on the turn of village Gotiya the car suddenly became out of order and stopped. The deceased came out of the car and standing on the road side, he started giving information on phone to

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