SINGHAL AND CO Vs. HUSSAIN ALI

JUDGEMENT

(1.) This is an appeal under Section 30 of Workmen's Compensation Act against the order dated March 2, 1979 passed by the Workmen's Compensation Commissioner, Allahabad Region in Compensation Case No. 7 of 1978, awarding Rs. 18,000/- as compensation to respondent claimant from the appellant company.

(2.) The facts leading to the present appeal may be summarised as below: Respondent No. 1 Hussain Ali made an application under Rule 20of Workmen's Compensation Rules, 1924 before the Workmen's Compensation Commissioner, Allahabad for compensation. The claimant Hussain Ali is the father of Manauwar Ali deceased who was employed with the appellant Company. The appellant Company was given contract by the respondent No. 2 IFFCO for construction of residential quarters in IFFCO town, Phulpur. During the course of construction Manauwar Ali was employed by the appellant as visit. On May 12, 1978, Manauwar Ali died on account of falling of wall in the course of his employment. The respondent No. 1 is the father of the deceased and as father he made an application under Section 20 of the Workmen's Compensation Rules. The copies of the application were sent to the appellant and respondent No. 2 and both filed written statements. Both sides produced evidence, oral as well as documentary, before the Workmen's Compensation Commissioner, Various objections were raised before the Workmen's Compensation Commissioner by the appellant company but they were overruled by the Commissioner and he held the deceased Manauwar Ali as workman by virtue of Section 2 (h) read with Schedule 2 and held the respondent No. 1 to be entitled to a compensation of Rs. 16,000/- being legal heir of the deceased. Aggrieved by this order, the appellant company has preferred this appeal.

(3.) I have heard the learned counsel for the appellant and the respondent No. 1 and have pursued the record of the case.