RAJESH Vs. JITENDER AND OTHERS

JUDGEMENT

(1.) The present appeal, filed by the employee, under section 30 of the Employees Compensation Act, 1923, is directed against the order dated 18.06.2012, passed by the Commissioner, Sonepat.

(2.) By virtue of the said order, a sum of Rs. 1,89,185/- has been assessed as compensation by taking the wages of the appellant at Rs. 4000/- per month and by assessing his loss of earning capacity, to the extent of 35%. The liability has been fixed upon the respondent-Insurance Company. The interest element and the penalty have been denied, on account of the fact that the disability certificate had not been furnished and a temporary disability certificate was got issued only on 02.05.2012 and produced in Court only on 31.05.2012.

(3.) The claim petition was filed by the workman, claiming that he was 19 years of age and working with respondent No. 1, the contractor, who had taken the contract from respondents No. 2 and 3-Nigam, for erection of electric polls in the Gohana sub-divisions. On 11.07.2009, the claimant and his brother and the labourers were working for erection of electric line and for pulling down a span which was crossing the high tension line, request had been made to shut it down. An assurance had been given by the respondent that the application for shutting it down had been given and they could work without fear. The workers pulled the span by tying a rope at one end with full force and as a result of which, the span touched the high tension line and the appellant suffered burn injuries on his full body due to passing of the current. The claimant had been brought by his brother in serious condition to PGIMER, Rohtak where he was treated and remained admitted till 12.08.2009. The hands of the appellant had been crippled and one of the finger had been amputated. The male organ of the claimant had been burnt, for which, he was to live the remaining life with disgrace and remained dependent on others and resultantly, the claim petition was filed that respondent No. 1 was an influential and powerful person and that even the MLR was not prepared on account of the influence of the respondent-Contractor.