NATIONAL INSURANCE COMPANY LIMITED Vs. RAKESH BHARDWAJ

JUDGEMENT

(1.) The present appeal is maintained by the appellant-National Insurance Company Limited, who was respondent No. 2 before the Court below (hereinafter referred to as "the appellant"), under Sec. 30 of the Employee's Compensation Act (for short "the Act"), against award dtd. 29/10/2024, passed by learned Commissioner under Employee's compensation Act, Civil Judge, Jogindernagar, District Mandi, H.P., in Case No. (Registration No.) 43 of 2013, whereby the learned Commissioner directed the appellant, alongwith respondent No. 1-Asian Engineering, to pay a sum of Rs.2,49,576.00, i.e., penalty @ 50% of the award to the petitioner-Rakesh Bhardwaj (respondent No. 1 herein), with a prayer to quash and set-aside the impugned award by allowing the instant appeal.

(2.) Succinctly, the facts giving rise to the present appeal are that petitioner-Rakesh Kumar Bhardwaj filed a petition under Sec. 22 of he Act, wherein he averred that since March, 2004 to December, 2007, he was working as crane operator with Asian Engineering (respondent No. 2 herein). He, after leaving his aforesaid job, on the persuasion of respondent No. 2, again joined as crane operator and in the month of June, 2009, he was doing duty in crane, bearing registration No. GJ-15-BB-9546. The said crane all of sudden developed some mechanical fault and he reported the matter to respondent No. 2, in turn mechanic-Abdul Rehman, from Head Office Vapi, Gujarat, was called. On 17/6/2009 the petitioner was deputed to assist mechanic and all of sudden a powerful blast occurred in the crane due to which he sustained multiple injuries on his person. He was shifted to the local hospital, wherefrom he was referred to Wockhard Hospital Rajkot, Gujarat, where he remained admitted upto 30/6/2009 and in this period he was operated upon multiple times. Both the eyes of the petitioner were removed, his left hand was amputated and he had sustained injuries on his abdomen, chest, liver, hepatic fluxre colon perforation, right Diaphragm, multiple interior abdomen wall, left chest wall, neck, middle phalynx, right index finger etc.. The petiti ner was again referred to Government Hospital Haria, LG Rotary Hospital, Vapi, Gujarat, where he remained hospitalized till 8/7/2009. As per the petitioner, in the aforesaid blast he suffered 100% disability and he became dependent upon others for his day to day routine works, including answering the call of nature etc.. He further averred that before the accident he was healthy man of 32 years and respondent No. 2 used to give him salary of Rs.15,000.00 per month and other allowances, as per the terms and conditions of respondent No. 2 alongwith residence facility. The family of the petitioner, i.e., his wife, two sons and old and ailing parents were wholly dependent upon him and he was only bread winner of the family. Lastly, the petitioner sought compensation of Rs.10,00,000.00 alongwith interest and penalty amount from the respondents.

(3.) Respondent No. 1-Asian Engineering, by filing reply, raised preliminary objections of maintainability, locus standi, jurisdiction etc. On merits, the replying respondent denied that the petitioner was working as crane operator with it since March 2004 to December 2007 and also denied that office of respondent had persuaded the petitioner to join the respondent. As per the replying resp ndent, the petitioner was trainee crane opera or and he worked only for six months and subsequently he got better job till 2009 somewhere else. The replying respondent incurred expenses to the tune f Rs.2,81,527.00 on the treatment of the petitioner. Lastly, a prayer for dismissal of the petition was made.