D K GUPTA Vs. AHILYA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 31.12.2012 passed by the Commissioner under Workmen's Compensation Act in W.C. case No. 12 of 2006/1 of 2011.

(2.) "Key facts" necessary for the adjudication of this appeal are that respondents No.1 and 2/claimants (hereinafter referred to as the "claimants" for convenience sake) filed a claim petition against the appellant and Whether reporters of the local papers may be allowed to see the judgment? yes respondents No. 3 to 5 seeking compensation of ' . 4,82,818.70 paise alongwith interest and penalty from the date when the compensation became due till its payment. According to the claimants, deceased Ajay Mandal was employed for the work of laying of tower line from Largi to Kangu at place Surahi Khad (Sanyanji) Sub -Division Gohar, District Mandi. The appellant was awarded work of stringing and sagging K.V. tower line from tower No. 30 - 40 within the sub -Division Gohar, District Mandi by respondents No. 3 to 5, i.e. H.P.S.E.B. Ltd. Ajay Mandal met with an accident on 24.12.2004 while coming down from the tower after tightening the wire. The accident was reported to the police authorities. The intimation was also sent to the Board. The post -mortem examination was conducted on 25.12.2005. His age was 24 years. His monthly wages were Rs. 4,420/ -.

(3.) THE appellant has also filed separate reply. According to him, the workman was engaged on 22.12.2004 on daily wages of Rs. 100/ -. He was employed as Beldar for doing unskilled work. He had left the place at 4.50 P.M. The three workmen of the Board, namely, Tulsi Ram, Krishan Pal and Ram Lal were on the spot. He received a telephone call from T -mate Krishan Pal about the accident at 5.20 P.M. According to him, the deceased acted at his own peril. According to him, the Board was getting the skilled work done from the deceased. The sum and substance of the reply was that the respondent -Board was liable to pay the compensation and not the appellant.