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2007 Supreme(MP) 627

K.S.CHAUHAN, ARUN MISHRA
LAXMI – Appellant
Versus
JAI KARAN PRASAD SHUKLA – Respondent


Advocates Appeared:
PRATAP NARAIN MISHRA, RAKESH JAIN,

Judgment

( 1. ) THIS appeal has been preferred as against an order dated 19-9-2005 passed by Commissioner for Workmens Compensation, Satna in Case No. 12/ wc Act/fatal/2004.

( 2. ) THE claimants have come up in this appeal aggrieved by the impugned order dismissing their claim petition, they claimed compensation on account of death of Surendra Kumar Dwivedi, a driver in the employment of respondent Jaikaran Prasad Shukla. He used to drive the Jeep (MP-19/9648 ). It was also not disputed by the owner that on 27-6-03, deceased was going from satna to Orchcha, District Chhatarpur, before 7-8 kms. from Chhatarpur at village Gadebara Gautam, some unknown persons committed murder of driver surendra Kumar Dwivedi after gagging his mouth with a cloth. Body was thrown away in the agricultural field. They took away the vehicle, ultimately vehicle could not be traced. Report of the incident was lodged as PS-Civil Lines, chhatarpur on 28-6-03 where the case was under investigation. Autopsy was performed. Deceased used to obtain salary of Rs. 4,000 per month, apart from the allowance of Rs. 50 per day used to be paid to him, his age was 42 years. The claimants prayed for award of suitable compens











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