MOHAN LAL Vs. CHHOTE LAL

JUDGEMENT

(1.) This First Appeal is filed under Section 30 of the Employee's Compensation Act, 1923 impugning the judgment of the Commissioner dated 31.05.2013 which has allowed the claim petition filed by the respondent no.1 herein.

(2.) The facts of the case are that the respondent no.1 (applicant before the Commissioner) was employed by respondent no.2/contractor (also the respondent no.2 before the Commissioner) as a mason (Raj Mistri) for the work to be performed of construction of Hotel owned by appellant (respondent no.1 before the Commissioner). On 20.07.2005, when the respondent no.1 reached his place of work at 7575, Ram Nagar, Nabi Karim, New Delhi, he was put to his job and he was working on a pad which was not in order and was in a state of wear and tear. It is pleaded that the defect in the pad was brought to the notice of the appellant and the respondent no.2 but the respondent no.1 was asked to continue his work and at about 5.00 PM, the respondent no.1 fell down from the said pad to the ground. In the said accident, the respondent no.1 sustained injuries all over his body including multiple compound fractures in his right leg. He also sustained injuries in his right eye and right hand. As a result of the accident, an FIR No.296/2005 dated 11.10.2005 was registered with the Nabi Karim Police Station . It is pleaded that after the accident, respondent no.1 suffered by 100% permanent disability for performing his profession of a mason in which he was occupied at the time of the accident as his movement is restricted and his leg is not smooth and he cannot work smoothly in his ordinary job of mason.

(3.) The appellant herein, respondent no.1 before the Commissioner, claimed that there is no relationship of employer and employee between the parties and that the site in question is not a Hotel but residential premises of one Shri Praveen Kumar, who is the son of the appellant where only some small repair work was going on.