SEEMA DEVI Vs. VIMAL JAIN

JUDGEMENT

(1.) This first appeal from order has been filed on behalf of claimant-appellant under Sec. 30(1)(a) of Employees Compensation Act, 1923 against the judgement and order dtd. 18/5/2022 passed by Employees Compensation Commissioner/ Deputy Labour Commissioner, U.P., Ghaziabad Region, Ghaziabad in E.C.A. Case No.- 164 of 2015 (Smt. Seema Devi Vs. Sri Vimal Jain and another) by which claim petition filed by claimant-appellant was dismissed.

(2.) Heard Sri Shekhar Srivastava, learned counsel for the appellant and Sri Yogesh Kumar Mishra, learned counsel appearing on behalf of respondent no. 2. No one is present on behalf of respondent no.1 in spite of service of notice.

(3.) Brief facts of the case are that the claimant had filed claim petition under Sec. 3 of Employees Compensation Act, 1923 claiming compensation of Rs.7,68,560.00along with 12% interest on account of death of her husband namely late Sri Mahendra S/O Dhruva @ Dhroop Singh, who died on 31/3/2015 while working at site no.- C-130, Surya Nagar, Ghaziabad. It was the case of claimant before the Employees Compensation Commissioner that the deceased was an employee of opposite party no.2 for the last ten years on the monthly wages of Rs.9,100.00 per month. The opposite party no.2/employer was a contractor, got the contract for wall repairing and painting work from opposite party no.1. The deceased was working on 31/3/2015 at site no.- C-130, Surya Nagar, Ghaziabad belonging to opposite party no.1 on the direction of opposite party no.2. During the course of employment on 31/3/2015 the deceased fell down from third floor of the building and have received grievous injuries and died on 20/4/2015 on account of injuries received by him. The death was occurred arising out and in the course of his employment.