SUBHASH CHAUDHARY Vs. NIRMALA DEVI & ORS

JUDGEMENT

(1.) The appellant has challenged the order dated 15th November, 2016 passed by the Commissioner, Employees' Compensation whereby compensation of Rs.6,77,760/- along with interest @ 12% per annum has been awarded to respondents no.1 to 3.

(2.) The appellant is the owner of property bearing No.RZ-B-30, Mahavir Vihar, Sector-1, Dwarka, New Delhi and he was constructing the second floor of the said property through the contractor (respondent No.4) in September, 2014. On 04th September, 2014 at about 08:45 A.M., two labourers namely, Laxmi Pandit and Ramesh were pulling an iron window frame using a rope from the second floor of the building when the rope suddenly broke down due to the heavy weight of the iron window frame and both the labourers fell down and suffered fatal injuries. The police registered FIR No.560/2014 under Sections 288/337/304 IPC at P.S. Dwarka against the contractor.

(3.) The deceased, Laxmi Pandit was survived by his widow and two minor daughters who filed an application for compensation before the Commissioner, Employees' Compensation. The appellant contested the application on the ground that he had awarded the contract for construction of the residential house to respondent No.4, who alone is liable to pay compensation. The appellant disputed the relationship of employment with the deceased. The appellant further pleaded that the deceased was a casual worker. It was further pleaded that the construction of the residential house was not for his trade and business and, therefore, the appellant was not liable to pay compensation to the respondent no.1 to