SUDHIR BANSAL Vs. SHYAMA DEVI AND ORS.

JUDGEMENT

(1.) The appellant has challenged the order dated 15th December, 2009 where the Commissioner, Workmen's Compensation has awarded compensation of Rs.3,06,180/- to the respondents.

(2.) Respondent no.1 is the widow and respondents no.2 to 4 are the children of Late Gaend Lal who was working as a mason under the appellant at Rashtrapati Bhawan and on 24th December, 2004, he fell down from a height resulting in head injuries. Gaend Lal was taken by the petitioner to Dr. RML Hospital where he succumbed to the injuries on 26th December, 2004. The police initially registered FIR No.339/04 under Section 337 IPC and subsequently Section 304-A, IPC was also added in the said FIR.

(3.) The respondents filed an application for compensation under the Workmen's Compensation Act against the appellant who contested the respondents' claim on the ground that there was no employee-employer relationship between the parties. The appellant pleaded in the written statement that he was working as a Contractor at Rashtrapati Bhawan and he used to engage the deceased for welding work but on 24th December, 2004, there was no welding work. At about 04.00 P.M. at that day, the deceased came to the site of Rashtrapati Bhawan under the influence of liquor to meet his friend and was unable to control his movement while talking to the labourer and fell down resulting in fatal injuries.