EXECUTIVE ENGINEER/DEPUTY GENERAL MANAGER, SUB URBAN DIVISION DHBVNL, BHIWANI AND ANOTHER Vs. SMT. PRIYANKA AND OTHERS

JUDGEMENT

(1.) The present judgment shall dispose of three appeals i.e. FAO Nos. 8447 and 8543 of 2014 and FAO No. 6093 of 2015 since the order impugned dated 31.07.2014 is common in the first two appeals passed by the Commissioner under the Employee's Compensation Act, 1923 (in short 'the Act'). Facts are being taken from FAO No. 8447 of 2014, Executive Engineer/Deputy General Manager, Sub Urban Division DHBVNL, Bhiwani and another Vs. Smt. Priyanka and others.

(2.) Vide the impugned order, the principal-employer namely the Dakshin Haryana Bijli Vitran Nigam (in short 'DHBVN') has been held liable to deposit a sum of Rs. 7,19,035.00 against the compensation amount and interest within 30 days, failing which, it would further be also liable to pay simple interest @ 12% per annum. The Commissioner took into account the fact that the deceased was aged around 26 years and limited his wages at Rs. 4,000.00 and resultantly applied the relevant factor of 215.28 to award Rs. 4,30,560.00 as compensation. The interest was awarded @ 12% per annum from the date of first notice from 31.12008 till the date of the order to the tune of Rs. 2,88,475.00. Reliance was placed upon Sec. 12 of the Act on the ground that since the accident occurred in or about the premises the principal while undertaking the work and which was otherwise under the control and management of the said principal to hold that the principal employer would be liable to pay to the workman employee engaged in the execution of the work.

(3.) The case of the claimants, who were the widow of Sunil Kumar and the parents was that respondent no. 4-Naresh Kumar was a contractor working under the Nigam for proper functioning and operation, maintenance of the electric supply system in the area of Dhigawa, District Bhiwani. He had been employed as a lineman for about last 3 years and was working on the operations and getting Rs. 4,050.00 per month as salary. There was a relationship of employee-employer. He was working under the directions from the contractor along with other employees and had been asked to climb the electric pole on 27.05.2008 on which a transformer had been mounted for rectifying the fault. In the process of discharging his duties, he got electrocuted and fell down from the pole and he received severe shock and burn injuries due to the electric current and received some injuries due to fall on the ground and was moved to the Government Hospital, Loharu, where he was declared dead. Resultantly, inquest proceedings under Sec. 174 Crimial P.C. and post mortem was conducted which proved the fact that he had died due to electrocution and resultantly, the claim was filed for Rs. 15,00,000.00 after serving the legal notice.