RAJESH SAHNI Vs. LAL BABU RAI & ANR

JUDGEMENT

(1.) Present appeal has been preferred by the appellant Rajesh Sahni under Section 30 of the Employee's Compensation Act, 1923 (hereinafter 'the Act') to challenge the legality and correctness of an order dated 13.10.2014 of learned Commissioner whereby compensation of Rs. 4,45,289/- was awarded to the respondents.

(2.) I have heard the learned counsel for the parties and have examined the file. Undisputedly, on 12.07.2009 the victim Mantoo Kumar sustained burn injuries due to electrocution; he succumbed to the injuries on 15.07.2009. A case vide FIR No.167/2009 under Section 304A IPC was registered at Police Station Swaroop Nagar.

(3.) The respondents filed claim petition under Section 22 of the Act on 10.12.2009 for death compensation relief of late Mantoo Kumar. It was averred that Mantoo Kumar was 'employed' with the appellant Rajesh Sahni for the purpose of cleaning water tank on the roof of his house. On 12.07.2009 Mantoo Kumar fell down from the second floor when he came into contact with the electric line of 11000 volts passing through the roof while cleaning the water tank. The victim was first taken to Babu Jagjivan Ram Hospital and thereafter shifted to the LNJP Hospital where he died on 15.07.2009 after medical treatment. It was urged that the deceased died in an accident arising out of and during the course of employment with the appellant when he was cleaning the water tank.