KEWAL KRISHAN GUJRAL Vs. SONMATI DEVI

JUDGEMENT

(1.) This First Appeal under Section 30 of the Employees Compensation Act , 1923 (hereinafter referred to as the Act) is filed by the respondent in the proceedings before the Employees Compensation Commissioner impugning the judgment dated 8.2.2017 by which the Employees Compensation Commissioner has allowed the claim petition filed by the claimant seeking compensation on account of death of her husband Sh. Vrindawan Tiwari employed as a mason by the appellant who owned the building/property 16A/15 WEA (FF) Karol Bagh, New Delhi (in short the subject property). Compensation of Rs.4,98,800/- has been awarded with interest at 12% from one month after the date of the accident.

(2.) The facts of the case are that the respondent/claimant filed the subject claim petition pleading that her husband Sh. Vrindawan Tiwari was employed by the appellant as a mason to do the renovation work at the subject property. On 28.11.2012 at about 10A.M. while doing the renovation work the chhajja/ledge of the building fell down while the deceased Sh. Vrindawan Tiwari was working there at that time. Deceased Sh. Vrindawan Tiwari sustained grievous multiple injuries all over his body resulting in his death. He was brought declared dead to the hospital. Lady Harding Hospital issued an MLC No. 37196/2012 and postmortem report was given vide PMR No. 563/2012. A police case was registered under FIR No.234/2012 under Section 288 / 304A of IPC at Police Station, Karol Bagh, New Delhi. The deceased was 56 years of age at the time of his death. Respondent/claimant approached the appellant to pay compensation on account of the death arising out of and in the course of employment but the position of non-payment continued, and when in spite of the respondent/claimant seeking a demand notice dated 25.11.2013 through registered post the claim was not paid, hence the claim petition was filed.

(3.) Appellant contested the claim petition and pleaded that the deceased Sh. Vrindawan Tiwari was working as a Petty Labour Contractor and was given the contract for installation of railing in front of the first floor veranda and raising height of boundary wall of second floor. It was contended that there was no ledge/chhajja but there was a proper fixed structure where 6-7 heavy flowerpots were kept. It was pleaded that when the deceased started working on the first floor the deceased was in hurry and he did not prepare the support from the ground floor. It is further pleaded that the deceased when working on the chhajja lost control and fell down on the ground floor thereby seriously injuring himself. It was pleaded that the accident therefore happened on account of negligence of the deceased in not providing the necessary support to the chhajja in spite of the deceased being provided with necessary items such as ballies, phattas, rassi, peti etc.