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2003 Supreme(Jhk) 1045

GURUSHARAN SHARMA, HARI SHANKAR PRASAD
Sunita Devi – Appellant
Versus
Autar Singh – Respondent


JUDGMENT

1. The appellant filed Workman Compensation Case NO. 4 of 1993 for grant of Compensation, under the provisions of the Workmens Compensation Act, 1923 (hereinafter to be referred to as the Act) on account of death of her husband. Bijay Ram @ Bijay Kumar on 23.5.1992, in course of his employment as a driver of Autar Singh, the respondent No. 1, who was owner of the Maruti Van (BEN-9670).

2. She claimed that her deceased husband was employed as driver by Autar Singh. On 23.5.1992, while he was driving the Maruti Van, it collided with a Truck (UGI-9845) near a pond on the Daltonganj-Ranchi Road at village Hirsa- Pokhraha in Palamu district. In the said accident he sustained head injury and died. At the time of death, he was 25 years old and was getting a salary of Rs. 900/- per month.

3. Autar Singh appeared in the case and filed written statement stating, inter alia, that deceased. Bijay Ram @ Bijay Kumar was employed by him as driver on the said Maruti Van, which was of purely casual nature. The Van was duly insured with the New India Assurance Company Limited at the relevant time and as such the said Insurance Company is liable to pay the compensation amount if any, payable to














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