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2012 Supreme(MP) 781

S.K.SETH
Manjeetsingh S/o M. M. Pahwa – Appellant
Versus
Udaysingh S/o Modisingh Rajput – Respondent


Advocates Appeared:
For appellant : S. Athawale
For respondent Nos. 1 to 3: Yashpal Rathore
For respondent No. 4/Insurance Company: P. Gupta

JUDGMENT :

This order shall also govern the disposal of M. A. No. 1153/2010; 1159/2010 and 1161/2010 along with above appeal, as all of them arise from the common Award of the Commissioner for Workmen Compensation. They involve common facts and question of law therefore we may briefly state the facts necessary for disposal of all appeals.

2. On 14-3-2006, two persons, viz. Mahendra and Sukhlal died in an accident arising out of and in the course of employment. They were employed as Khalasi on the truck belonging Manjeetsingh. On the fateful day the truck was insured with respondent No. 4. According to claim petitions, deceased were young men getting wages of Rs. 100/- per day.

3. The Commissioner for Workmen Compensation adjudicated upon their claim and awarded a Sum of Rs. 3,34,065/- as compensation for death of Mahendra and Rs. 3,36,000/- for death of Sukhlal. Learned Commissioner considering the Insurance Policy found that the aforesaid amount of compensation would be recoverable from the owner and Insurance Company jointly and severally. In addition to compensation, learned Commissioner also directed the employer (Manjeetsingh) to pay on the computed amount 12% simple interest fro















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