LAL BAHADUR Vs. DEVENDER GANDHI

JUDGEMENT

(1.) The present appeal has been filed under Sec. 30 of the Employee's Compensation Act, 1963 (hereinafter the "Act") and is directed against the order dtd. 16/12/2024 passed by learned Commissioner in claim application no. ECD/32/ND/2023/2064-2066, whereby the same came to be dismissed.

(2.) The appellant, who was the claimant before the learned Commissioner, is the father of Vishal (now deceased). The brief facts in a nutshell are that the claim application was preferred by the appellant seeking compensation on account of the death of his son, Vishal, aged 20 years. It was claimed that while Vishal was working as a labourer/workman in the shop of the respondent, i.e, All in One Shop', a boy aged 27-28 years robbed the shop and, during the commission of the said offence, fired shots which hit Vishal, who succumbed to his injuries. An FIR bearing no. 376/2021 under Ss. 302/392/397/387/34 IPC and Ss. 25/27 Arms Act, 1959 was also registered at P.S. Kanjhawala. It was further claimed that at the time of his death, Vishal was earning wages at the rate of Rs.20,000.00 per month and that, despite numerous requests by the appellant, the respondent failed to pay the appropriate compensation. The appellant also claimed interest as well as penalty, as envisaged under Sec. 4A of the Act.

(3.) The claim was resisted by the respondent, who took the stand that the deceased was never employed with him. It was stated that the deceased and the respondent's son were friends, for which purpose, the deceased would sometimes come to their shop.