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Oriental Insurance Co. Ltd. vs. Smt. Santara Devi & Ors.

52.00 5.20

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Employee’s Compensation Act, 1923–Sec. 3–Commissioner passed the award with holding the appellant Insurance Company liable for paying the same–Sustainability–From the evidence of the claimants itself, the case set up by them appears to be wholly false and untrue–Commissioner misinterpreted the evidence available on record–Findings up to effect that the deceased was employed as labour over the tractor and died during the course of employment are per se illegal and contrary to the record–Collusion between the claimant, driver and owner is writ large in the evidence of claimants–Further, the sitting capacity of vehicle was one and amount of only Rs. 15/- was charged to cover the risk of driver–Commissioner committed error in fastening the liability on Insurance Company.