NATIONAL INSURANCE CO. LTD. Vs. FAZLU RAHMAN ANSARI

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') by the appellant/insurance company impugning the judgment of the Commissioner dated 27.4.2012 by which the Commissioner has allowed the claim petition filed by the respondent no.1 herein and granted compensation.

(2.) The case of the respondent no.1 before the Commissioner was that he was a workman employed as a supervisor-cum-labour by M/s. Simplex Concrete Piles India Ltd. M/s. Simplex Concrete Piles India Ltd was a contractor of the respondent no.3 herein M/s. Delhi Metro Rail Corporation. Respondent no.1 pleaded that on 26.2.2001 he reported for duty at the site at 8.30 A.M and in the evening at about 6.00 P.M. when he alongwith other workers were placing PCC iron support channel in an underground place (ditch), suddenly some portion of the earth near the ditch slid down and as a result of which he fell down on the iron channel and suffered injuries in his lower limbs. Respondent no.1 states that he was given first aid by the site engineer and taken to a private hospital on the next date for treatment. Respondent no.1 states that he received further treatment from Taiba Nursing Home after going back to his village. Respondent no.1 pleaded that he again came back to Delhi and received treatment from Ram Manohar Lohia Hospital from 3.7.2001 to 17.7.2001 and thereafter as an outdoor patient. Respondent no.1 pleaded disability of 75% in terms of the certificate issued by the Ram Manohar Lohia Hospital and accordingly filed the subject claim petition.

(3.) There were three respondents before the Commissioner. Respondent no.1 before the Commissioner was M/s. Simplex Concrete Piles (India) Limited and which is respondent no.2 in this appeal. Respondent No.2 before the Commissioner was M/s. Delhi Metro Rail Corporation and which is respondent no.3 in this Court. The appellant/insurance company was respondent no.3 before the Commissioner. M/s. Simplex Concrete Piles (India) Ltd denied that respondent no.1 was its employee. M/s. Simplex Concrete Piles (India) Ltd stated that they had engaged a sub contractor namely Mr. Bachu Gupta to carry out the contractual work and which was being done by Mr. Bachu Gupta under his supervision and control. It is specifically pleaded by M/s. Simplex Concrete Piles (India) Ltd that not only there was no relationship of employer and employee of the respondent no.1 with the M/s. Simplex Concrete Piles (India) Ltd but also that there was no accident at any of the project site or any other place in which the respondent no.1 herein was involved.