ANSHUL TRADERS Vs. COMMISSIONER, LABOUR WELFARE CENTRE

JUDGEMENT

(1.) Ram Kishan filed an application for compensation before the Commissioner, Employee's Compensation against Anshul Traders claiming compensation on the averments that Ram Kishan was employed as a labourer with Anshul Traders and he was posted on the truck bearing registration No.HR-55-F-6511; he was aged 22 years and was drawing wages of Rs.10,000/- per month including allowances; on the night of 23rd/24th May, 2016, he was on duty on the aforesaid vehicle; when the vehicle reached Capital Market, Shamli Road, Panipat at about 10.00 P.M., the upper portion of the goods loaded on the vehicle came in contact with transmission line of the electricity department due to which he was electrocuted and he suffered injuries on the right leg and his right shoulder; and he was taken to the Government Hospital, Panipat where his right leg was amputated; he was employed on the vehicle and the accident arose out of and during the course of his employment; he suffered 100% disability and claimed compensation for permanent disablement along with interest @12% per annum from the date of accident till realization and penalty to the extent of 50%.

(2.) Anshul Traders filed the written statement on 15th January, 2018 in which they stated that Anshul Traders offered to bear the expenditure of Ram Kishan's treatment at Muzaffarnagar but Ram Kishan repeatedly denied the same; Ram Kishan voluntarily admitted his responsibility to bear all the repercussions of the injury caused; Ram Kishan accepted Rs 37,000/- from Anshul Traders and signed an undertaking that in future, he would not raise any concern regarding payment of compensation; and the liability to pay the compensation, if any, is of the Insurance Company with which the vehicle was insured.

(3.) Ram Kishan filed an application dated 29th January, 2018 under Order I Rule 10 read with Order VI Rule 17 of Code of Civil Procedure to implead the registered owner of the vehicle, namely Gagan and United India Insurance Company Ltd. as respondents No.2 and 3.