EXECUTIVE ENGINEER I&PH Vs. MAHIMA

JUDGEMENT

(1.) Instant appeal filed under S.30 of Employee's Compensation Act is directed against award dated 29.8.216 passed by learned commissioner, Bilaspur, exercising power under Employee's Compensation Act, 1923 (hereinafter, 'Act') in case No. 8/2 of 2016/06, whereby learned Court below, while allowing claim petition having been filed by respondents-claimants (hereinafter, 'claimants') held claimant No.1 entitled to compensation to the tune of Rs.2,92,400/- alongwith interest at the rate of 12% per annum with effect from 20.1.2005 till realisation of the amount and penalty to the tune of 20% of compensation amount.

(2.) For having bird's eye view of the matter, necessary facts, as emerge from the record are that the claimants filed a petition under S.22 of the Act before learned Court below under, praying therein for compensation to the tune of Rs.5.00 lakh alongwith interest on account of death of late Tulsi Ram. Claimants alleged that deceased workman died during course of employment with the appellant and received injuries due to fall. Deceased was admitted in Zonal Hospital, Bilaspur on 16.12.2004, from where he was referred to PGI Chandigarh and remained admitted as indoor patient from 16.12.2004 to 20.12.2004, but unfortunately, he succumbed to injuries on 20.12.2004. Claimants claimed that since the accident was well within the knowledge of the appellant, there was no need for them to serve notice upon the appellant.

(3.) On the basis of pleadings of the parties, learned Court below framed following issues: