$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:23rd August, 2017
+ FAO 170/2014 and CM No.10703/2014
SAVA INTERNATIONAL PVT. LTD ..... Appellant
Through: Ms.Pratima N. Chauhan, Advocate
along with Mr. Satyapal Rohilla,
Senior HR Manager of the appellant.
versus
SHIV KUMAR & ORS ..... Respondents
Through: Mr. Rama Shanker, Mr. Saurabh,
Advocates for respondent no.1 along
with respondent no.1 in person.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the order dated 11 th April, 2014 whereby the Commissioner, Employees' Compensation awarded compensation of Rs.4,50,440/- along with interest @ 12% per annum to respondent no.1.
2. Respondent no.1 is the father of Sandeep and he filed an application for compensation before the Commissioner, Employees' Compensation claiming compensation for the death of his son, Sandeep. According to respondent no.1, his son Sandeep was working with the appellant since 8th August, 2007 as Assistant Checker at salary of Rs.3,500/- per month. On 8th September, 2008, Sandeep was on night duty for delivery of the goods to FAO 170/2014 Page 1 of 4 Ashok Vihar. When Sandeep reached Mukundpur Chowk, he was hit by an unidentified vehicle which resulted in fatal injuries. Sandeep was taken to Jagjiwan Ram Hospital, Jahangirpuri where he succumbed to the injuries.
3. The appellant denied the relationship of employment with the deceased. The Commissioner, Employees' Compensation held the deceased to be the employee of the appellant and further that the accident occurred during the course of his employment with the appellant. The Commissioner, Employees' Compensation relied on the statement of the management's witness, MW-1 who admitted in his cross-examination that Mr. T.R. Meena was Deputy Manager of the factory during the period 2007-2009 and he identified the photograph Mark 'A' shown to him in which Mr.T.R. Meena had attended the cremation of the deceased.
4. Shiv Kumar, respondent no.1, father of the deceased is present in Court and he is a farmer staying in Unnao, Uttar Pradesh. He belongs to the lowest strata of the society and is earning a meager amount of Rs.2,000/- to Rs.3,000/- per month. Respondent no.1 appeared in the witness box and deposed that his son was working in night shift with the appellant on 8th September, 2008 for delivery of goods to Ashok Vihar and he met with an accident at Mukundpur Chowk which resulted in fatal injuries. He deposed that he was given Rs.16,000/- by the appellant for the last rites of his son.
5. The photograph referred to in the impugned order is on the record of the Commissioner, Employees' Compensation and has been seen by this Court. In the photograph, eleven persons including respondent no.1 are standing around the dead body of Sandeep. Mr. T.R. Meena, Deputy Manager of the appellant is standing in the middle. MW-1 Satyapal Rohilla, Senior HR Manager of the appellant is present in Court and he could not FAO 170/2014 Page 2 of 4 explain to the Court as to why the Deputy Manager of the appellant was present at the cremation.
6. After hearing the parties, this Court is of the view that there is no infirmity in the finding of the Commissioner, Employees' Compensation with respect to the relationship of employment as well as the occurrence of the accident during the course of the employment.
7. The appeal is dismissed. The pending application is disposed of.
8. The appellant has deposited Rs.4,50,440/- with the Commissioner, Employees' Compensation out of which 50% amount has been released to respondent no.1 and the balance amount of Rs.2,25,220/- is lying in FDR with State Bank of India, Tis Hazari Court Branch.
9. The appellant is directed to deposit the balance award amount along with upto date interest with Commissioner, Employees' Compensation within a period of five weeks from today. The amount already deposited shall be first adjusted towards the interest and thereafter, towards the principal in terms of the Order 21 Rule 1 of the Code of Civil Procedure, 1908. The proof of deposit along with computation of interest be filed before this Court within one week of the deposit.
10. Mr. Satyapal Rohilla, Senior HR Manager of the appellant present in Court undertakes to deposit the balance compensation amount and interest in terms of this judgment within five weeks from today. The undertaking is hereby accepted.
11. List for disbursement of the compensation amount on 27th September, 2017.
12. Respondent no.1 shall remain present in Court on the next date of hearing along with passbook of his savings bank account near the place of FAO 170/2014 Page 3 of 4 his residence as well as PAN card and Aadhaar card.
13. The record of the Commissioner, Employees' Compensation be returned back forthwith.
14. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.
AUGUST 23, 2017 J.R. MIDHA, J.
dk
FAO 170/2014 Page 4 of 4