AJIT SINGH Vs. RITA DEVI

JUDGEMENT

(1.) This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') wherein challenge has been made to the impugned order dated 08.03.2011 passed by the Commissioner, Workmen's Compensation, Ashok Vihar, Delhi thereby granting compensation of Rs. 2,03,850/- along with Rs. 2,500/- towards funeral charges to the respondents.

(2.) Briefly, the background of the case is as under:-

(3.) The appellant/management filed reply before the Commissioner wherein it was stated that the deceased was working as a Contractor and was being paid for the job work and was not working in the capacity of a workman. It was further alleged that he had died due to his own negligence and the appellant should not be held liable for the same as his case was not covered under the Act. The appellant had denied that the deceased Om Prakash was working for the past 5 years on a salary of Rs. 3,000/- per month as was alleged. According to him, the deceased was working as a 'Contractor' i.e. thekedar who had to melt the plastic bags in the pot of fire and was paid as per the job work. The respondent had filed rejoinder denying the allegations made therein and had reiterated the stands taken in the claim application.