UNITED INDIA INSURANCE COMPANY LTD. Vs. NURJAHAN KHATUN AND 2 ORS.
HIGH COURT OF GAUHATI
UNITED INDIA INSURANCE COMPANY LTD.
Nurjahan Khatun And 2 Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. R. Goswami, learned counsel appearing for the appellant as well as Mr. N. Hoque, learned counsel for the respondent No.3 i.e the owner of the offending vehicle. None appears for other respondents No.1 and 2 although notice has been duly served.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and award dated 30.12.2009 passed by the learned Commissioner, Workmen's Compensation, Guwahati in W.C. Case No. 148/2006 whereby an award of Rs. 2,07,980/- along with funeral expenses of Rs. 2,500/- with interest at the rate of 2% per annum was granted to the respondents No.1 and 2/claimants on account of death of Eusuf Ali Khan, stated to be working as a labour in a tractor. The respondents No.1 and 2 i.e. the wife and mother of the deceased were the claimants in the said W.C. Case No.148/2006.
(3.) The brief facts of the case is that the deceased was stated to be working as a labour in the Tractor bearing No.AS-15/A-0110, which was owned by the respondent No.3 herein. As per the claim petition, it was projected that the deceased, while working in the said tractor had died on spot and his body was shifted to Barpeta Civil Hospital for post-mortem examination. It was stated that the deceased was working as a labourer under the employment of respondent No.3 herein. The respondents No.1 and 2 claimed compensation of Rs. 12.00 Lakh with interest at the rate of 9% per annum.;
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