(1.) The appellant has challenged the order dated 14th January, 2016 whereby Commissioner, Employees' Compensation has awarded compensation of Rs. 3,68,340/- to respondents No. 1 to 4.
(2.) The appellant was constructing a gymnasium in property No. 699, Gram Sabha, Pooth Kalan, Delhi through the contractor (respondent No. 5). On 6th March, 2010, Babu Lal was working as a labourer (Baildar) under the contractor (respondent No. 5) on the first floor of the gymnasium. Babu Lal was carrying construction material (tasla with masala) on his head when the pad (balli and fatta), on which Babu Lal was standing, overturned due to which Babu Lal fell down and suffered grievous injuries. Babu Lal was taken to Braham Shakti Hospital, Pooth Kalan, Delhi where he expired on 10th March, 2010. The police registered FIR No. 60 of 2010 under Section 288 of 337 IPC at P.S. Begumpur, Delhi. Babu Lal was survived by his widow, two daughters and one son who filed application for compensation before the Commissioner, Employees' Compensation.
(3.) The appellant contested the claim on the ground that he had given the contract for construction to respondent No. 5. Respondent no. 5 (the contractor) contested the claim on the ground that he was not the contractor but a Co-worker and he worked on the construction site under the appellant on daily wages.