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1988 Supreme(MP) 52

B.M.LAL
New India Assurance Company Ltd. – Appellant
Versus
Bhukhan – Respondent


JUDGMENT

B.M. Lal, J.

1. This appeal under Section 30 of the Workmen's Compensation Act 1923 (hereinafter referred to as the Act) is filed by the insurer against the award dated 13-12-1982 passed by the Commissioner for Workmen's Compensation, Raipur (in short the Commissioner).

2. One Smt. Chamrin Bai was in the employment of Seth Oil Mills, Respondent No. 5. She died on 26-8-1980 during the course of her employment. This fact is not disputed that the deceased Chamrin Bai was employed by the Respondent No. 5 as 'Reja' for loading and unloading in their truck No. CPH 8748 which was insured with the appellant Insurance Company. The said truck met with an accident on 26-8-1980 at Fafadin Railway Crossing, Raipur, in which Chamrin Bai died.

3. On these facts the respondents No. 1 to 4 filed application claiming an amount of Rs. 17,280/- towards compensation before the learned Commissioner. They pleaded that the deceased Chamrin Bai was the wife of Respondent No. 1 and mother of Respondents No. 2 to 4, and they all were dependant on the earning of deceased Chamrin Bai.

4. The learned Commissioner awarded Rs. 17,280/- with interest at the rate of 6% p.a. and have also granted a sum of Rs. 11








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