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1998 Supreme(MP) 939

S.C.PANDEY
Bharat Heavy Electricals Ltd. – Appellant
Versus
Gyan Kaur – Respondent


JUDGMENT

S.C. Pandey, J.

1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (henceforth 'the Act') against the order dated 23.11.1996, passed by the Commissioner for Workmen's Compensation in Case No. 5 of 1991 under the Act.

2. This appeal is being heard and disposed of finally with the consent of learned counsel for both the parties.

3. The undisputed facts of this case are that the deceased Kuldeep Singh was an employee of the appellant. He died on 17.11.1990. It was alleged by respondent No. 1 in her application for compensation that she was mother of Kuldeep Singh. He was on duty between 4 p.m. and 8 p.m. on 17.11.1990. It was alleged that he died in the factory premises on account of certain head injuries. The respondent No. 1 claimed that she was dependent upon the deceased Kuldeep Singh. He was drawing Rs. 2,042 (Rupees two thousand forty-two) per month. At the time of his death, he was aged about 34 years. Therefore, the respondent No. 1 claimed Rs. 79,760 (Rupees seventy-nine thousand Seven hundred sixty) plus interest at the rate of 14 per cent (fourteen per cent) per annum.

4. The appellant, on the other hand, stated that Kuldeep Singh did not die





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