ANUPAM GULATI Vs. MANOJ GUPTA

JUDGEMENT

(1.) By way of present appeal filed under Sec. 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the 'EC Act'), the appellant (proprietor of M/s Nirala Promoters and Developers) has assailed order dtd. 23/10/2017 passed in Case No.CWC-I/WD/20/2015/618-619 and rectified on 5/3/2018 by learned Commissioner, Employees' Compensation, District West, Delhi, whereby claim petition filed by respondent No.1 was allowed.

(2.) The facts, in nutshell, are that respondent No.1/claimant claimed to be in employment of M/s Nirala Promoters and Developers as a Pizza Delivery Boy on bike bearing registration No. DL-9-SAA-8014, since 6 months preceding the filing of the claim petition. On 30/10/2014, while he was going on the aforesaid bike at about 07:20 pm to deliver a cake from "Slice of Italy" to a flat in Connaught Place, a car came from behind and hit him, leading to a fracture in his right leg. It was claimed that as a result of the accident, respondent No.1 had become 100% disabled for the purpose of employment as a Pizza Delivery Boy. His last drawn wages were stated to be Rs.9,000.00 per month. It was further claimed that the bike was insured with respondent No.2 and additional premium was charged from the employer.

(3.) Learned counsel for the appellant has contended that respondent No.1 failed to establish that any accident took place on 30/10/2014. It is also contended that the learned Commissioner ought not to have entertained the claim petition as prior notice under Sec. 10 of the EC Act was not given.