SACHINDRA MISHRA Vs. SUNITA AND ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 6th June, 2016 passed by the Commissioner, Employees' Compensation whereby compensation of Rs.14,33,995.00 along with interest @ 12% per annum w.e.f. 7th June, 2016 has been awarded to respondent No.1.

(2.) Respondent No.1 is the mother of late Vinit Kumar who was installing the wires/cables/lines at Jagat Puri, Delhi on 25th April, 2011 at about 5 :00 PM when he suffered electric shock from a hypertension electric wire, fell down from the pole and suffered fatal injuries. He was taken to Garg Hospital and thereafter, to GTB Hospital where he expired on 26th May, 2011. The police registered FIR No.196/2011 under section 304A Penal Code at P.S. Jagat Puri, Delhi against the petitioner.

(3.) Respondent No.1 filed an application for compensation against the petitioner before the Commissioner, Employees' Compensation claiming that her son, Vinit was working with the petitioner for the last 2-3 years at a monthly salary of Rs.9,000.00 per month and he suffered an accidental death arising out of and in the course of his employment with the petitioner. The petitioner contested the claim on the ground that there was no employer-employee relationship between petitioner and the deceased and therefore, the petitioner was not liable to pay any compensation to respondent No.1.