MANAGER Vs. SUMI

JUDGEMENT

(1.) This appeal, at the instance of the first opposite party in E.C.C.No.320/2014 on the files of the Commissioner for Employees Compensation (Industrial Tribunal), Alappuzha, assails the judgment of the said Tribunal, dated 01.04.2019, as per which, an amount of Rs.7,98,240/-, along with the interest at the rate of 12% per annum from the year 2011, has been awarded in favour of the respondents herein, who are the legal heirs of deceased Sri.Rajesh.

(2.) The constitutive facts which led to the initiation of proceedings before the Tribunal are that the afore mentioned Sri.Rajesh met with an accident while he was employed as a worker by the second opposite party - Sri.Pradeepkumar, for the erection of a "truss roof" over the permanent roof of a school by name "Sree Narayana Higher Secondary School, Vadakara, managed by the appellant. As per the appellant, the work was entrusted to the second opposite party - Sri.Pradeepkumar through Ext.D1 agreement dated 11.10.2010, wherein, he had agreed to ensure safety of all the workers under him and had also indemnified the appellant from any accident that may occur; but that in violation of the same, the contractor did not afford his workers sufficient safety equipments, thus leading to the unfortunate death of Sri.Rajesh in an accident, which occurred on 21.11.2011.

(3.) The appellant says that on the afore accident happening, the second opposite party - Sri.Pradeepkumar, approached him and gave him Ext.D2 affidavit, accepting entire liability with respect to the death of Rajesh and undertaking to take full responsibility for all consequences that would legally follow. The appellant further says that however, in an act of fairness, he had paid Rs.1 lakh to the legal heirs of late Rajesh, the respondents 1 to 3 herein, which is evident from Ext.A1 legal notice issued by them subsequently.