HEM RAJ SHARMA Vs. JAGINDRO DEVI

JUDGEMENT

(1.) Instant appeal filed under Sec. 30 of the Employee Compensation Act, 1923, lays challenge to order dtd. 20/10/2012, passed by learned Commissioner, Employees Compensation, Court No.1, Dehra, District Kangra, H.P., whereby learned court below while allowing the claim petition having been filed by petitioners/respondents herein (hereinafter to be called as "petitioners") under Sec. 4 of the Workmen's Compensation Act (for short 'Act') held them entitled for compensation to the tune of Rs.2,54,160.00 along with interest at the rate of 12% per annum, i.e. Rs.1,52,496.00 (total Rs.4,06,656.00), along with further interest @ 12% per annum, in case aforesaid award amount is not deposited within a period of two months.

(2.) Precisely, the facts of the case, as emerge from the record are that the petitioners filed a petition under Sec. 4 of the Act, claiming therein compensation on account of death of one Sh. Kuldeep Singh being his legal representatives and dependents. Petitioners claimed before the court below that deceased Kuldeep Singh was engaged/employed by the respondent/appellant herein (hereinafter to be called as "respondent") for construction of his house in the year 2007 on daily wages of Rs.100.00 per day and on 12/9/2007, above- named deceased Kuldeep Singh buried under the debris of katcha wall of the house of the respondent. Though, aforesaid person was taken to hospital, but he was declared brought dead. Since deceased Kuldeep Singh was the sole bread earner of the family, the petitioners approached the Court below, seeking compensation to the tune of Rs.3.00 lac. The respondent by way of filing reply refuted the aforesaid claim and claimed that he had not employed late Kuldeep Singh on 12/9/2007 for digging work, as alleged. He also denied that deceased Kuldeep Singh died after being buried under the debris of the katcha wall. On the basis of pleadings adduced on record by respective parties, following issues were framed on 16/8/2010:-

(3.) Subsequently, learned Commissioner, Employees Compensation vide award dtd. 20/10/2012, held petitioners entitled to compensation to the tune of Rs.2,54,160.00 along with interest @ 12% per annum, i.e. Rs.1,52,496.00 (total Rs.4,06,656.00) and specifically ordered that in case aforesaid amount is not paid within a period of two months, the respondent shall be further liable to pay interest @ 12% per annum on the account of compensation as well as interest calculated thereupon. In the aforesaid background, the respondent has approached this Court in the instant proceedings, praying therein to dismiss the claim of the petitioners after setting aside the award dtd. 20/10/2021 impugned in the instant proceedings.