MOHINDER PAL SINGH Vs. UPENDER PASWAN & ORS

JUDGEMENT

(1.) This appeal impugns an order dated 23.09.2016 passed by the learned Commissioner under Employees Compensation Act, 1923 (the Act) granting compensation to the claimant-respondent No.1.

(2.) The brief facts of the case are that Mr. Upender Paswan- respondent No.1, was employed with the appellant. During the course of his duties, on 15.02013, he suffered an injury resulting in amputation of his right wrist. A claim for compensation was filed under the Act. The claim was allowed on 23.09.2016 and an amount of Rs.10,07,616/- was awarded alongwith simple interest @ 12 % per annum from the date of filing of the petition i.e. 15.03.2015. The appellant has deposited the requisite amount. The Award is challenged on the ground that an insurance cover under the Employees' State Insurance Act, 1948 (ESI Act) was sought on 25.02013 and insurance cover was granted to the employee concerned alongwith other employees of the appellant w.e.f. 08.02013. However, the insurance claim for compensation was rejected on 27.06.2013 by the Employees State Insurance Corporation.

(3.) In support of his contentions, the learned Senior Counsel for the appellant, relies upon the judgment of the Supreme Court in Bharagath Engineering vs. R. Ranganayaki & Anr., (2002) Supp5 SCR 642, which held that it was immaterial as to when the application for registration and the payment of the premium was made, because under the beneficial scheme of the said Act, Rules and Regulations, the employee is deemed to be covered from the date of his employment. In that case, the employee had already passed away due to an accident in the course of his employment. The registration was sought much after his demise. The rejection of the insurance claim was quashed by the Supreme Court on the ground that:-