CHARMS CARDS PVT LTD Vs. VINOD KANWAR

JUDGEMENT

(1.) This appeal under Sec. 30 of the Employee's Compensation Act, 1923 (the EC Act), has been filed by the respondent in Claim no. WCD/CD/4/08-6649, before the court of the Commissioner, EC Act, Central District, Puria, New Delhi whereby the claim for compensation of the claimants was allowed. The parties in this appeal will be referred to as described in the original proceedings.

(2.) The brief facts leading to the present appeal are as follows: The claimants, being the widow, minor children, parents and brother of deceased Sultan Singh, filed an application under the EC Act before the learned Commissioner. It was their case that the deceased was engaged as a mason (raj mistri) for construction work in a godown stated to be associated with the respondent. They alleged that on 13/5/2005, at about 7:00 PM, while the deceased was carrying out plastering work on the second floor, the wooden platform on which he was standing collapsed, resulting in his fall and causing grevious injuries. He was taken to LNJP Hospital, where he was declared "brought dead". The body, was thereafter, taken to the native village of the deceased for cremation.

(3.) On consideration of the oral documentary evidence and after hearing both sides, the learned commissioner vide the impugned order held that the accident occurred during the course of employment and awarded compensation of Rs.3,53,476.00 with interest @12% per annum. Aggrieved, the respondent has preferred the present appeal.