TEHRI HYDRO DEVELOPMENT CORPORATION LTD Vs. MANJU TIWADI
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
TEHRI HYDRO DEVELOPMENT CORPORATION LTD
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(1.) Since both the appeals have been directed against the same award dated, 9.12.1997, passed by Workmen's Compensation Commissioner, Tehri Garhwal in Workmen's Compensation Case No. 10 of 1996, Smt. Manju Tiwadi v. T.H.D.C. and Another, therefore, for the sake of convenience, these appeals are being decided by this common judgment. Brief facts of the case giving rise to these appeals are that late Sri Jagdish Chand Tiwadi was the driver in the employment of T.H.D.C. On 22.9.1992 at about 4.30 p.m., when he was going to D.P.H., after felling the earth at Khandkhal by Dumper No. S.D. 12, the Dumper fell in the deep ditch due to some technical fault, in which he sustained grievous injured and died. The claimant had informed the employer on which employment has been given to the claimant by the THDC. The claimant filed petition before the Workmen's Compensation Commissioner, Tehri Garhwal and alleged therein that the age of the workman was 27 years and his monthly salary was Rs. 3,000.
(2.) The employer/T.H.D.C. filed W.S. before the Workmen's Compensation Commissioner and admitted the accident of late Jagdish Chand during his employment and also alleged that the claimant has been given employment as dependent of the workman. However, it was alleged that the claim petition has not been filed within the limitation.
(3.) The National Insurance Company also filed W.S. and alleged that the deceased workman was not insured with the Insurance Company therefore the Insurance Company is not liable to pay the compensation. It was also alleged that the claim has been filed beyond limitation.;
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