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2011 Supreme(MP) 1368

P.K.JAISWAL
RANI KOUR – Appellant
Versus
JAGTAR SINGH – Respondent


Advocates Appeared:
For the Appellant : Manish Jain.
For the Respondent: Shakti Sharma.

JUDGMENT :

P.K. Jaiswal, J.

This appeal u/s 30 of the Workmen's Compensation Act, 1923 (in short 'W.C. Act') has been filed by claimants against the order dated 21.11.2007 passed by the Commissioner for Workmen's Compensation, Indore in W.C.F. Case No. 79 of 2006. The appeal is admitted on the following substantial question of law :

Whether the claimants are entitled for interest from the date of accident from all the respondents jointly and severally?

2. The material facts of the case are that Manoharsingh (hereinafter called 'the deceased') was working as a driver in tanker bearing registration No. MP 09-KB 8090. The said vehicle belonged to respondent No. 1. On 12.4.2006 the said tanker was loaded with molasses at Borowa for its transportation to Borali Badnawar at Oasis Distillery, Borali. When Manoharsingh, driver of the tanker, reached near Khalghat, he was not feeling well. He suddenly developed chest pain, but he came to Borali and unloaded the tanker at Oasis Distillery. After unloading he parked the tanker near the distillery and was taking rest in the cabin of the tanker. After some time the cleaner came in the cabin of the tanker and saw that driver had died in the cabin. H














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