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MANOJ KUMAR TIWARI
National Insurance Co. Ltd. – Appellant
Versus
Swari Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Lalit Belwal
For the Respondents: Pankaj Purohit

JUDGMENT :

Manoj Kumar Tiwari, J.

1. This Appeal from Order has been filed challenging the order dated 10.9.2014 passed by Workmen Compensation Commissioner/Chief Judicial Magistrate, Chamoli in Workmen Compensation Case No. 06 of 2014 "Smt. Swari Devi and others v. Shri Anil Kumar Agarwal and others".

2. This Appeal is heard on the following substantial questions of law:

"1. Whether any interest can be awarded to the claimants when no notice as is required under section 10 of the Workmen Compensation Act, 1923 has been given?

2. Whether the Workmen Compensation Commissioner further failed to exercise jurisdiction by calculating the amount of compensation on the monthly income of Rs.8000/-, when in the pleading, the case of the claimant was that the income of the deceased is Rs.6,000/- per month?"

3. Mr. Nandan Singh was employed as Driver with Mr. Anil Kumar Agarwal (respondent No. 4 herein). On 22.10.2010, while Driving Max Pick-up, bearing No. UK12 CB 0139 belonging to respondent No. 4, from Kotdwar to Haldwani, the Max Pick-up collided with Tractor No. UP57E3279. As a result of the collision, Mr. Nandan Singh sustained grievous injuries and he succumbed to his injuries the same day i

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