VINAYAK INTERNATIONAL Vs. URMILA DEVI

JUDGEMENT

(1.) Through this appeal, the appellant is challenging the order dated 24.02.2011 passed by the Commissioner, under the Workmen's Compensation Act (hereinafter referred to 'W.C. Act'), Circle-II, Sonepat. Vide the impugned order, the appellant was directed to pay the compensation of Rs.4,38,140/- within 30 days with further liability to pay the simple interest @ 12% per annum on the amount of compensation and penalty to the extent of 50% of compensation amount.

(2.) Following substantial questions of law are framed in this case:-

(3.) As per facts of this case, an agreement for construction of building at plot No.352-353, Phase-IV, Kundli District Sonepat (Haryana) belonging to appellant Vinayak International was executed on 06.03.2009 between Mr. Rajender Prasad Gupta and M/s Ram Construction Company respondent No.8 to carry out the construction work at the aforesaid premises. Respondent No.8 M/s Ram Construction Company engaged a sub-Contractor i.e. Neeraj respondent No.9 to carry out the work of laying of stones at the work premises. That on 16.08.2010, deceased Radhey Shyam at about 10.00 P.M. at night, along with one Arjun was going to the roof of the building for the purposes of sleeping. When he reached the 3 rd floor, all of a sudden, he slipped from the stairs, sustained injuries and thereafter passed away, succumbing to the injuries he sustained. The dependents of the deceased filed the claim petition and stated that Radhey Shyam was working as a labourer under the appellant through respondent No.9 and doing the work of stones. The appellant being the principal employer and respondent No.9, the Contractor were liable to pay the compensation. It was further stated that deceased Radhey Shyam died during the course of employment while discharging his duties under the respondents.