NATIONAL INSURANCE COMPANY LIMITED Vs. BIRENDER KUMAR TIWARI

JUDGEMENT

(1.) The present appeal has been filed under Sec. 30 of the Employees" Compensation Act, 1923 (hereinafter referred to as the "Act"), against the order dtd. 31/5/2023 passed by the learned Commissioner, Labour Department, Government of NCT of Delhi.

(2.) Vide the impugned order, the learned Commissioner allowed the claim application for injury compensation and, after issuance of notice under Sec. 4A, directed the insurance company to pay compensation of Rs.3,67,819.00 along with interest @ 12% per annum w.e.f. 17/6/2013 till realization. The insurance company was further held liable to pay penalty and interest under Sec. 4A of the Act.

(3.) Briefly, the claimant filed the subject application stating that he had been employed with the management since the year 2007 as a mechanic and that his last drawn salary was Rs.14,000.00 per month. It was further stated that the management, being engaged in the business of construction, had deployed him at its ongoing construction site. On 18/5/2013, while deployed at the Sarojini Nagar Metro construction site, the claimant allegedly suffered injuries on account of an accident involving the breaking of the Kelly due to excessive loading, as a result of which a heavy object fell upon him. The claimant sustained injuries to his legs as well as his spinal cord, and FIR No. 137/13 under Ss. 287/338 of the Indian Penal Code, 1860 came to be registered. Subsequently, the claimant was re-employed with the management, and his services were eventually terminated on 23/7/2018. Along with the claim application, a disability certificate issued by the Medical Board, Aruna Asaf Ali Government Hospital, was placed on record, wherein his disability was assessed at 41%.