ASHOKA TRANSWAYS SERVICES (P) LTD Vs. RAMESH CHANDER

JUDGEMENT

(1.) Present appeal has been preferred by Ashoka Transways Services (P) Ltd. (hereinafter 'the appellant') to challenge the legality and correctness of an order dated 07.03.2016 of the learned Commissioner under Section 22 of the Employee's Compensation Act, 1923 (hereinafter 'the Act') whereby the respondent was given compensation amount of '1,95,468/- along with interest @ 12% per annum from one month after the date of accident i.e. 29.10.2012. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. The respondent filed claim petition under Section 22 of the Act. It was averred that the respondent was employed as a loader with the appellant for loading and unloading of the vehicles. On 29.09.2012, the respondent sustained personal injuries out of and during the course of employment. On that day, the respondent was at M/s. Ashoka Transport Company at about 09.00 a.m. A vehicle came from Rajasthan loaded with Balotra cloth bundle. The respondent was instructed to unload the vehicle. He mounted on the 'dalla' and suddenly it was unbolted; as a result of which, he fell down and sustained grievous injuries. He was taken to a nearby local doctor and was medically treated. He suffered 100% disability. It was further averred that the respondent was drawing wages @ '8,000/- per annum and was aged around 44 years.

(3.) The claim was contested by the appellant and it was stated that the Commissioner had no territorial jurisdiction to entertain the claim petition. The respondent was not an employee with the appellant and he did not suffer any such injury.