The Oriental Insurance Co. Ltd v. Yashoda & Ors.
Case at a glance
Provisions considered
Key paragraphs
- Para 22. Even on merits, the appellant-lnsurance Company has no the impugned award it case. On perusal of deceased Devnarayan was under the employment of respondent No.6 as a driver of vehicle (Truck) bearing registration No. CG15-A- 0^9 and the said vehicle was duly insured on…
Judgment
HIGH COURT OF CHHATTISGARHATBILASPUR DiVISION BENCH CORAM : HON'BLE MR. ABHAY MANOHAR SAPRE & HON'BLE MR. G. MINHAJUDDiM. JJ. I.A.fCl N0.613 OF 2U12 APPELLANT The Oriental Insurance Co. Ltd. Versus RESPONDENTS Yashoda & others !\. APPEAL UNDER SECTIQJM 30 OF WORKIVIEN'S COMPENSATiON ACT. 1823 Present: Mr. Pankaj Agrawal, Advocate for appellant. Per G. Minhaiuddin. J. ORDER (Orall (31-07-2012) Thls appeal has been filed by the appellant barred by timitation of 15 days. Although today an apptication for grant of stay supported by an affidavit and application for submitting cteposit receipt supported by an affidavit alongwith photocopy of the receipt has been flled but despite giving time to the appellant no application for condonation of delay has been filed up till now. Therefore, the appeal deserves to be and Is dismissed as time barred.
Even on merits, the appellant-lnsurance Company has no the impugned award it case. On perusal of deceased Devnarayan was under the employment of respondent No.6 as a driver of vehicle (Truck) bearing registration No. CG15-A- 0^9 and the said vehicle was duly insured on the date of acckient is found that with appellant-lnsurance Company. It is also found that the deceased Devnarayan was drawing a monthly salary of Rs.7,500/- and he was a workman within its definition under the Workmen's Compensation Act, 1923. The deceased Devnarayan during the course of his employment was assisting the mechanics who were repalring the gear box of the said vehicle and during that when he had climbed on the said vehlcle he came in contact with a Kve electric wire on account of which he sustained injuries resuiting ,ip his death. As such, \. ^^ V, it stands proved that the death of deceased Devnarayan had taken place on account of accident arisen during the course of his employment and as such the award passed by the Commissioner of Workmen's Compensation cannot be said to be fauity and the same deserves to be and Is hereby affirmed. Hence, the appeal aiso deserves to be and is dismissed on merits also.
No cost. /S'yf Sd/- (Abhay Manohar Sapre) JUDGE Sd/- \~ (G. Minhajuddin) JUDGE I-^ tl,:
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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