NEW INDIA ASSURANCE CO. LTD Vs. VIRENDER SINGH

JUDGEMENT

(1.) THIS first appeal is filed by the insurance company under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') impugning the judgment of the Commissioner dated 25.1.2012 by which the Commissioner awarded compensation to the respondent no. 1 herein, petitioner before the Commissioner.

(2.) THE facts of the case are that the respondent no. 1 was working with the respondent no. 2 herein as a semi skilled worker engaged for replacing the insulator string cross arm of electric tower at Gangrat (H.P). When the respondent no. 1 was engaged in his work on 28.9.2008, the electric tower collapsed and consequently respondent no. 1 fell down from a height of 20 -25 meters and received multiple grievous injuries over his body. Respondent no. 1 was taken to S. Karam Singh Memorial Satnam Hospital, Hoshiarpur, Punjab and was given necessary treatment as his condition was critical. Besides the multiple grievous injuries suffered by respondent no. 1, he also suffered various fractures including on his hips and left leg which had to be ultimately amputated below the knee. Respondent no. 1 was 25 years old at the time of the accident. Respondent no. 1 accordingly filed the subject claim petition under the Act.

(3.) APPELLANT -insurance company filed its written statement and claimed that injury was not caused in an accident, though the factum of insurance was not denied. In its written statement, the appellant -insurance company contended that the injuries did not arise out of and during the course of employment and that it did not receive the requisite documents from the employer.