GOPAL AGGARWAL Vs. MUNNI DEVI

JUDGEMENT

(1.) The appellant has challenged the order dated 28th February, 2013 whereby the Commissioner, Employees' Compensation awarded compensation of Rs.2,25,244/- along with interest @ 12% per annum to respondents no.1 to 3.

(2.) The appellant is the owner of property bearing No.9/3274, Gali No.6, Dharam Pura, Gandhi Nagar, Delhi and he was constructing a building on the said property through the contractor (respondent no.4) in June, 2005. On 13th August, 2005, the lanter of the building collapsed which resulted in the death of Pramod who was working as a labourer under the contractor (respondent no.4). The police registered FIR No.292/2005 dated 13th May, 2005 under Sections 304A / 338 / 337 / 228 / 427 of IPC against the appellant as well as respondent no.4. The deceased, Pramod was aged 25 years at the time of the accident and was drawing monthly wages of Rs.4,500/- plus Rs.50/- allowance per day. Pramod was survived by his widow and two minor children (respondent's no.1 to 3) who filed an application for compensation before the Commissioner, Employees' Compensation.

(3.) The appellant contested the application on the ground that he had awarded the contract for construction of his building to respondent no.4 who alone is responsible for the liability to pay the compensation.