GOWARDHAN MADANLAL AGRAWAL Vs. RAMKUMAR ALIAS MUNNILAL PRAJAPATI

JUDGEMENT

(1.) This appeal is filed by original respondent Nos.1 and 4, who are owners of shop complex and residential flats, situated at Jaisthambha Chowk, Paratwada, challenging judgment and award dtd. 3/10/2006 passed by learned Commissioner for Workmen's Compensation at Amravati in Application (WCA) No.11/2002 whereby learned Commissioner directed appellants/owners to pay compensation Rs.3,02,400.00 jointly and severally also to pay amount Rs.1,51,200.00 towards 50% penalty on the amount of the compensation and interest @ 12% per annum from 28. 10.2001, till the compensation amount is realized.

(2.) Brief facts necessary for decision of the appeal are as under:

(3.) On 28/3/2001, the deceased was working on third floor of the undergoing construction of the shopping complex. He fell down from the third floor of the shopping complex and died. When the deceased fell down from the third floor of the shopping complex, labourers namely Hiralal Saket, Rambahar Prajapati, Pannalal Saket, and others were doing the work along with the deceased. On receipt of information, appellant No.2 rushed to the accident place and shifted Jagannath for treatment at Cottage Hospital, Achalpur and, thereafter, to General Hospital at Amravati. After examination, Medical Officer declared him dead.