MOHINDER PAL SINGH Vs. UPENDER PASWAN AND ORS

JUDGEMENT

(1.) The petitioner has challenged the order dated 23rd Sept., 2016 passed by the Commissioner, Employees' Compensation whereby compensation of Rs.10,07,616/- has been awarded to respondent No.1.

(2.) On 15th Feb., 2013, respondent No.1 during the course of his employment with the petitioner, suffered an accident due to which his right hand from the wrist joint was cut by the petitioner's machine. Respondent No.1 was taken to Safdarjung Hospital and thereafter shifted to Kheterpal Nursing Home, Raghuvir Nagar, Delhi where his right hand was amputated. The police registered FIR No. 42 dated 16th Feb., 2013 against petitioner under Sections 287/338 of IPC. Respondent No.1 filed an application for compensation before the Commissioner, Employees' Compensation in which the petitioner admitted the relationship of employment between the parties on the date of the accident. The petitioner also admitted the accident suffered by respondent No.1 and amputation of his right hand which got stuck in the machine. However, the petitioner attributed the negligence and carelessness to respondent No.1. It was further pleaded that the petitioner got respondent No.1 admitted in the Nursing Home and paid the medical expenses. The petitioner further expressed willingness to keep respondent No.1 in service. The petitioner further pleaded that the petitioner was covered under the ESI Act.

(3.) During the pendency of the application before the Commissioner, Employees' Compensation, the petitioner compounded the criminal offence under Sec. 338 of the I.P.C before the Metropolitan Magistrate on 14th Dec., 2015 upon payment of Rs.1,00,000.00 to respondent No.1 on 14th Dec., 2015.