Sat. May 8th, 2021

Seema & Ors. vs Om Pal Singh & Ors. on 17 May, 2017

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2. The facts of the case are that the deceased Sh. Ashok

Tyagi was employed by the respondent no.1 herein as a driver for his

bus bearing registration no.U.P-14 AT-0961. The bus used to ply on

the prescribed route between Vivekanand Nagar and Ram Parasth at

FAO No. 101/2017 Page 1 of 9
Ghaziabad in U.P. In the claim petition the appellants/claimants

pleaded that at night on 11.3.2014 the deceased Sh. Ashok Tyagi when

he had gone to the CNG pump i.e for filling of CNG in the bus, the

deceased Sh. Ashok Tyagi was kidnapped by four unknown persons

and an FIR No. 234/2014 was registered with Police Station Kavi

Nagar, Ghaziabad. Since the dead body of Sh. Ashok Tyagi was found

within the jurisdiction of Police Station Etamadpur, Agra, U.P another

FIR No.107/2014 was registered at the concerned police station in

Agra within whose jurisdiction the dead body was found. It was

pleaded by the appellants/claimants that the death of the deceased took

place on account of an accident arising out of and in the course of

employment, and therefore, the appellants/claimants are entitled to

succeed in the claim filed before the Employee‟s Compensation

Commissioner under the Employee‟s Compensation Act.

Source: Indian Kanoon

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