EXECUTIVE DIRECTOR Vs. MIRA DEVI AND ORS.

JUDGEMENT

(1.) IN this civil misc. appeal Executive Director, B.M. Birla Science & Technology Centre, Jaipur has challenged the award dated 24.11.2006passed by Commissioner(WC) Court, Dausa in WCC/14/2004 titled as Smt. Mira Devi & Ors. v. Executive & Anr.

(2.) BY the impugned award an amount of compensation to the tune of Rs. 4,30,560/ - along with 9% simple annual interest was ordered to be paid to the claimants Smt. Mira Devi & Ors. who were legal representatives of deceased Hemant Kumar Bairwa who was said to be a 'workman' and working as a painter in the employment of the appellant at the time of his death when he fell down from some height while at work. Death allegedly took place on 18.03.2004 though the accident occurred on 17.03.2004.

(3.) ON the other hand, it has been argued by respondent Nos. 1 to 4 that the award passed by the Commissioner (WC) Act is perfectly right because death of Hemant Kumar Bairwa occurred while he was in the employment of the appellant and the said death had also arisen out of the said employment. In this regard, Section 12 of The Workmen's Compensation Act, 1923 is quite relevant which reads as under: - -