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2010 Supreme(UK) 302

V.K.BIST
NATIONAL INSURANCE COMPANY – Appellant
Versus
ANITA – Respondent


Advocates:
For the Appellant :Mr. Prabhat Pandey, Advocate
For the Respondent No. 1:Mr. I.S. Mehra, Advocate
For the Respdt. Nos. 2 & 3 :Mr. Prem Shankar Gupta, Advocate

JUDGMENT

This appeal, preferred under Section 30 of Workmen’s Compensation Act, 1923 (hereinafter referred to as the Act) is directed against the judgment and award dated 20.09.2007 passed by the Workmen Compensation Commissioner/Deputy Labour Commissioner, Haldwani, Nainital in Workman Compensation Case (for brevity W.C.C.) No. 75 of 2002, whereby the amount of Rs. 2,75,401/- is awarded in favour of the claimant/respondent no. 1.

2. Brief facts of the case are that an application was moved by the claimant-Smt. Anita (present respondent no. 1) widow of the deceased before the Commissioner, Workmen Compensation, alleging that her husband late Rajkumar was employed as driver in the establishment of M/s Vishwakarma Paper & Boarders Ltd., Kashipur, District Udham Singh Nagar. While performing his duties he died on 05.08.2002. Late Rajkumar was getting a sum of Rs. 4,500/- per month as his salary and at the time of death he was aged about 32 years. It was further alleged in the application that Rajkumar died while he was under the employment of respondent nos. 2 & 3. As the respondents 2 and 3 did not pay compensation for the untimely death of her husband, therefore widow of the decease







































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