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2008 Supreme(MP) 118

S.R.WAGHMARE, A.M.SAPRE
Sangita – Appellant
Versus
Ganesh – Respondent


Advocates:
Sameer Verma for appellant; V.P. Khare for respondent No.2.

JUDGMENT

Sapre, J. -- 1. This is an appeal, filed by the claimants under section 30 of the Workmen's Compensation Act (for short called 'The Act') against an award dated 10.4.2003 passed by Commissioner, Workman Compensation (Labour Court, Indore) in WCF No. 2012001. By impugned award, the Commissioner partly allowed the application made by the claimants under section 10 of the Act and awarded a total compensation of Rs. 3,25,365/- for the death of one "Prakash". However, while passing an award, the Commissioner fastened the entire liability on R-l/NA-l i.e. owner/employer of the deceased and exonerated R-24/ A-2 i.e. Insurance Company from the liability. In other words, the application was allowed only against the NA-1/R-l but was dismissed as against Insurance Company (NA-2/R-2). It is against this partial dismissal as against the Insurance Company, the claimants have filed this appeal under section 30 ibid. So far as R-l/NA-1 is concerned, though he has suffered the award but has not chosen to challenge the same by filing any appeal. In this view of the matter, the impugned award in so far as it relates to fastening upon the liability on the R-l/NA-1 i.e. employer/owner of t


















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