GUJARAT ELECTRICITY BOARD Vs. SURESHBHAI MAGANBHAI VANKAR

JUDGEMENT

(1.) This appeal is preferred under Sec. 30 of the Workmen's Compensation Act, 1923 (for short "the WC Act") to assail judgment and order dtd. 27/4/2018 passed by the Commissioner Workman Compensation, Labour Court, Himmatnagar in Workman Compensation (Non Fatal) Application No. 1 of 2016.

(2.) Facts giving rise the in the present appeal are not many and lie in a narrow compass.

(3.) Respondent No. 1-workman was working as electricity helper with respondent No. 2 on 27/10/2015 and at about 1:00 when he was working on a electricity pole, all of sudden, he fell down from the electricity pole and suffered serious injuries on various parts of the body. He was admitted to Civil Hospital, Ahmedabad as an indoor patient and for which, he had incurred huge expenses. Though notice through advocate was served on respondent No. 2, no compensation was paid to respondent No. 1. Hence, he filed claim application for compensation in the Court of commissioner for Workman. Respondent No. 2. Though served, did not enter appearance to contest the claim application before the Commissioner. The appellant entered its appearance and contest its claim application by filing reply Exhibit 8. It was mainly contended in the reply that there was a contract between the appellant and respondent No. 2 Gram Panchayat for maintenance of the electricity poles. It was further contended that respondent No. 2, who had hired the respondent No. 1 on contract basis for various work relating to electricity poles. It was further urged that the appellant was not liable to pay any compensation to respondent No. 1.