RAJ PAL SAINI Vs. KAMLA

JUDGEMENT

(1.) The petitioner has challenged the order dated 30th April, 2011 whereby the Commissioner, Employees Compensation has awarded compensation of Rs. 3,07,229/ - to respondent No.1.

(2.) The respondent is the mother of Rajesh who was working as a Mistri on the second floor of property bearing No.94, Village Rampur, Delhi on 16th December, 2004 when he suffered an electric shock. Rajesh was taken to Maharaja Agrasen Hospital, Punjabi Bagh for treatment where was he declared brought dead. Rajesh was aged 20 years at the time of accident and was survived by his mother, who filed an application for compensation before the Commissioner, Employees' Compensation, against the appellant.

(3.) The appellant contested the petition on the ground that the appellant had engaged a Contractor, Babu Lal, who in turn had engaged Rajesh to do the construction work in the appellant's property and as such, there was no employer -employee relationship between the appellant and the deceased. The appellant further pleaded that he had paid Rs. 17,000/ - to the respondent on humanitarian grounds. The Commissioner, Employees' Compensation allowed the application and awarded compensation of Rs. 3,07,229/ - along with interests at the rate of 12% per annum, which is under challenge in this appeal.