SINTEX INDUSTRIES LTD Vs. PHOOL KUMAR

JUDGEMENT

(1.) Both the above titled appeals, one filed by M/s Sintex Industries and another by the workman, are arising from the judgment passed, on 17.8.2011 in Claim Application No.7/2 of 2001/2007, by the learned Commissioner under the Employee's Compensation Act, 1923, in short "the Act" whereby Phool Kumar Workman hereinafter to be referred as "the claimant" has been held entitled to the compensation of Rs. 4,88,981 with interest @ 12% p.m. from the date of accident till its deposit by M/s Sintex Industries Limited, referred as "the respondent".

(2.) The claimant claims that he was employed about 8 days prior to the accident, as helper/ labourer @ Rs.120/- per day in the factory premises at Baddi on 7.3.2006. (ii) According to him, on 7.3.2006 at about 12.30 p.m., Supervisor of the respondent directed him and other labourers, namely Har Kishore etc. to push the ladder. While doing so, the ladder touched high tension wires running over the factory. He got electrocuted and sustained burn injuries and other labourers also sustained injuries. The respondent took him to 'Bhardwaj Hospital', Baddi, where he was given first-aid, from there he was referred to CHC Nalagarh and then to PGI Chandigarh; where he remained hospitalized for 19 days w.e.f. 25.3.2006 to 12.4.2006. His right leg could not be cured as such it was amputated beyond thigh rendering him 100% disabled, thus lost his future earning and claimed Rs.6 lacs as compensation.

(3.) In reply, the respondent denied relationship of the employer and employee and also denied the accident in factory premises. It is further contended that Employees' State Insurance Act, 1948 applies to the industrial establishments which covers its workers and denied their liability to pay compensation.