SUPREME STONE INDUSTRIES Vs. SMT. CHUNNI BAI

JUDGEMENT

(1.) Appellant employer, has preferred this appeal under Sec. 30 of the Employee's Compensation Act, 1923 (for short 'the Act') to challenge the impugned judgment and order dated 30.09.2015 passed by the Employee's Compensation Commissioner, Bhilwara (for short 'the learned Commissioner') in Claim Case No. WCA/F- 24/2008. By the impugned judgment and order, learned Commissioner while adjudicating the claim of the respondents-claimants under Sec. 10 read with Sec. 22 of the Act awarded compensation to the tune of L3,94,120.00 with interest @ 12% per annum from the date of application.

(2.) The facts apposite for the purpose of this appeal are that respondents-claimants laid a claim petition under Sec. 10 read with Sec. 22 of the Act against the appellant before the learned Commissioner, inter alia, on the ground that husband of the first respondent and father of respondent Nos.2 and 3 Shri Babulal was in employment of the appellant as labourer for levelling of gitti. On the fateful day of 2nd Feb. 2008 during the course of and out of employment, Babulal suffered grave and serious injuries and eventually succumbed to injuries. The incident was reported by the Factory Manager to the respondents-claimants. In order to claim compensation, respondents averred in the claim petition that at the time of occurrence of the accident, deceased Babulal was 35 years old and earning L4000.00 per mensem. It is further stated in the claim petition that despite demand being raised by the respondents, compensation was not paid to them by the appellant and, therefore, besides claim amount, they are also entitled for interest on the aforesaid amount @ 18% per annum.

(3.) The claim petition is contested by the appellant and on its behalf, reply was submitted. In return, appellant admitted the factum of employment but clarified his nature of employment inasmuch as according to the appellant, deceased was entrusted duties of loading of prepared gitti in dumper and tractor trolley as well as levelling of gitti. A specific plea is raised that deceased was not entrusted any duty concerning crusher machine and DG set and, therefore, accident has occurred due to his own negligence and unauthorised act for which appellant cannot be held responsible. With this plea, a prayer is made for rejection of the claim petition.