ITD CEMENTATIONS LTD. Vs. COMMISSIONER EMPLOYEES COMPENSATION

JUDGEMENT

(1.) This first appeal under Sec. 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') is filed by the appellant impugning the judgment of Employee's Compensation Commissioner dated 9.5.2016 allowing the claim petition filed by the respondent no.2 herein, claimant in the claim petition, thereby awarding compensation of Rs.8,79,800.00 besides interest as per Sec. 4A of the Act. It may be noted that originally the claim petition was filed by the injured Sh. Sujit Biswas, employee of the present appellant, but during the pendency of the proceedings he expired on 21.11.2013, and therefore, his father being the present respondent no.2 was impleaded as a claimant in the claim petition.

(2.) The facts of the case as alleged by the respondent no.2 and the deceased Sh. Sujit Biswas were that the deceased Sh. Sujit Biswas was an employee of the present appellant, respondent no.3 in the court of Employee's Compensation Commissioner. On 6.9.2013 the deceased Sh. Sujit Biswas was on night duty at the site of the appellant at outer ring road near Kali Mata Mandir, Pitam Pura, Delhi. At about 7.30 A.M. a tripod ladders machine used by the laborers of the appellant fell down on the head of the deceased who was injured. An FIR No.548/2013 was registered with the police station Mangolpuri on 6.9.2013. It was further pleaded that since the accident arose out of and in the course of employment, therefore the claim petition was entitled to be allowed and compensation granted to the respondent no.2 herein.

(3.) The appellant contested the claim and denied the factum of any accident happening at the site and also of any tripod ladders machine falling as was the pleading of the respondent no.2. The appellant therefore denied that any accident took place during the course of and while in the employment, and that in fact whatever accident happened, happened one kilometer away from the place where the deceased was posted.