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National Insurance Co. Ltd. vs. Smt. Sitara Bano & Anr.

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Employee’s Compensation Act, 1923–Secs. 3–Evidence Act, 1872–Sec. 108–Award–Sustainability–Case of disappearance of insured vehicle and it’s driver–Claimant’s own case that the alleged incident occurred on 13.02.1995–Death of driver presumed by Sec. 108 will be held to be on 12.2.2002–No linkage between the date of accident (13.2.1995) and death of deceased (12.02.2002) as regard to death occurring during the course of employment–Impugned award is liable to be set aside.