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1989 Supreme(MP) 173

B.C.VARMA, S.AWASTHY
K. K. JAIN – Appellant
Versus
MASROOR ANWAR – Respondent


Advocates Appeared:
P.C.Naik, Rajendra Tiwari

B. C. VARMA, J.

( 1 ) THE order in this appeal shall also dispose of Miscellaneous Appeal No. 49 of 1981 (The Oriental Fire and General Insurance Company Limited, New Delhi. v. Smt. Masroor Anwar and others) and the cross-objection filed in Miscellaneous Appeal No. 49 of 1981.

( 2 ) ONE Anwar Hussain was employed as technician in Bhilai Steel Plant. On 31-5-1976 at 11. 00 A. M. , he was proceeding on a bicycle towards Central Laboratory within the precinct of the plant. At the Same time, Dumper No. 5 driven by Shri Rajendran and owned by Bhilai Construction Company of which Vinay Engineering Company appears to be a unit, was proceeding in the same direction. The two dashed knocking down the cyclist. viz. , Anwar Hussain, who was immediately removed to the plant hospital where he was treated for his injuries for quite sometime before he succumbed to those injuries on 21-7-1976 in the hospital itself. The parents of the deceased then moved the Commissioner, Workmen's Compensation for award of compensation resulting from the death of "worker" Anwar Hussain and mentioned in the petition that Anwar Hussain has left his widow and children. The employer paid Rs. 10,000/- as ex-gratia paym















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