KANWAL SAINI Vs. WORKMENÏ¿½S COMPENSATION COMMISSIONER

JUDGEMENT

(1.) THE challenge in this writ petition is to an order dated 17th September 2008 passed by the Commissioner, Workmens Compensation (Commissioner) holding that the Respondent No.2 is entitled to Rs.3,45,800.00 as compensation.

(2.) THE husband of Respondent No.2 was, according to her, engaged as petty contractor for fitting of pipes on contract basis at the sites of the Petitioner at the M.P. Flats and at Shalimar Bagh, Delhi. On 18th October 2005 at about 3.45 am the deceased fell down from the upper stairs of a pump house at the construction site. He was immediately taken to the hospital by the other workers. The Petitioner claims to have made every effort to save the life of the deceased but he did not survive. The Petitioner further claims to have paid Rs.50,000.00 to the relatives of the deceased on humanitarian grounds.

(3.) THE Respondent No.2, the wife of the deceased, filed a claim petition before the Commissioner on 23rd January 2006. Since the Petitioner did not appear before the learned Commissioner, he was proceeded ex parte on