RAJSHREE MINERALS Vs. KARMAVIR SINGH

JUDGEMENT

(1.) Challenge in the present appeal filed under Section 30 of Workmen's Compensation Act, 1923 is to award dated 20.2.2007, whereby, the Commissioner Workmen's Compensation has allowed the application under Section 22 and awarded compensation of Rs. 2,40,972/- inclusive of the interest and penalty in lieu of death of one Afsar Ali.

(2.) The appeal was admitted on the following substantive question of law:

(3.) The facts briefly are that deceased Afsar Ali during the course of his employment wherein he was detailed to carryout the work of construction of sheds/quarters for the employees M/s Rajshree Minerals and Chemicals Pvt. Ltd., the Appellant herein, on 13.11.2002 fell down from the wall and succumbed to injuries. The legal representative of the said deceased, Respondent herein, filed a claim petition before Commissioner, Workmen's Compensation for an amount of Rs. 3,27,705/- on the anvil that the death was in course of and arising out of employment. The claim was duly contested by the Appellant herein on the ground that said Afsar Ali was not the workman and the death was not arising out of and in course of employment.