DELHI DEVELOPMENT AUTHORITY Vs. RAJU@ MAYA BEN

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as "the Act") impugning the judgment of the Commissioner dated 16.7.2013 by which the claim petition filed by the respondent no. 1 herein has been allowed.

(2.) The facts of the case are that the respondent no. 1 was employed by the respondent no. 2 herein (respondent no. 3 before the Commissioner). Respondent no. 2 was appointed as a labour supply contractor by the appellant no.1 (respondent no. 1 before the Commissioner) and the contractor supplied labour, including respondent no.1, to the appellant no.1 for various works to be done of the appellants including electrical work which was being performed by the respondent no. 1. Respondent no. 1 on 21.4.2012 at about 2.30 p.m. was attending to an electrical defect in the point in the overhead ceiling of the high rise building of the complex and while doing this work the spike of the ladder collapsed and as a result of this he suffered multiple fractures and other injuries on his body. Respondent no. 1 therefore claimed to have become totally crippled and disabled with 100% loss of earning capacity and accordingly the claim petition was filed.

(3.) Before adverting the issues to be decided it is necessary to refer to Section 12 of the Act and which reads as under :