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THE DEPUTY COMMISSIONER

High Court of Punjab and Haryana, Chandigarh

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The Deputy Commissioner-cum-Chairman, D. v. Maya Devi & Ors - FAO-919-2006 [2006] RD-P&H 503 (2 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

****

F.A.O. No.919 of 2006

Date of Decision:16.2.2006

The Deputy Commissioner-cum-Chairman, D.R.D.A. Sirsa and another

Vs.

Maya Devi and others

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present:- Shri R.M.Singh, Advocate for the appellants.

****

Vide order under challenge, Commissioner under Workmen Compensation Act, 1923 granted compensation to the respondents, who are widow and minor children of the deceased, on account of death of Shri Ram Avtar while on duty.

It has come on record that Shri Ram Avtar was working as a Chowkidar and he was assaulted by some unknown persons during night while performing his duty and subsequent thereto, he died. Appellants have failed to establish on record that the assault was the result of any personal enmity with the deceased. Under these circumstances, this Court feels that may be when the deceased, who was Chowkidar, had tried to stop some theft etc., he might have been assaulted. Such like incidents may occur with the person, who performs duty of a Chowkidar at night. As such, this Court is of the view that the death has occurred during the course of employment of the deceased. Relationship of master and servant is not in dispute.

F.A.O. No.919 of 2006 [2]

Compensation awarded is rather on the lower side. No case is made out for interference.

Dismissed.

February 16, 2006 ( JASBIR SINGH )

renu JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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