M/S. Urja India vs The Commissioner (Under ...
2017 Latest Caselaw 4022 Del

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Date of Decision: 09th August, 2017

+      W.P.(C) 4034/2016 & CM No.25768/2017 & 16993/2016

       M/S. URJA INDIA                                  ..... Appellant
                      Through:        None.

                         versus

       THE COMMISSIONER (UNDER EMPLOYEES
       COMPENSATION ACT, 1923) & ORS.            ..... Respondents
                    Through: Mr. Sunil Fernandes, Standing
                              Counsel for BSES RPL with
                              Mr.Arnav       Vidyarthi,     Ms.Anju
                              Thomas, Advocates for respondent
                              no.4.
                              Mr.Shiva Sharma, Advocate as
                              amicus curiae.

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT (ORAL)

1. The petitioner has challenged the order dated 11th May, 2015 whereby compensation of Rs.3,19,600/- along with interest @ 12% per annum and funeral expenses of Rs.2,500/- has been awarded to respondent no.2.

2. Respondent no.2 is the widow of Deepak Mehan who was electrocuted during the course of his employment with the appellant on 3 rd February, 2008. The deceased was survived by his widow and father who

filed the application for compensation before the Commissioner, Employees' Compensation which resulted in the award dated 11th May, 2015.

3. The police registered FIR No.45/2008 dated 3rd February, 2008 under Section 304A IPC at P.S. Uttam Nagar. Vide order dated 21 st November, 2016, this Court requisitioned the record of FIR No.45/2008 in pursuance to which SI Naresh Kumar appeared and produced the relevant record. The FIR records that the deceased Deepak, working under the electrical contractor, climbed the pole to install an electricity connection when he fell down and suffered fatal injuries. The Commissioner, Employees' Compensation held the deceased to be an employee of the appellant and further that the accident occurred during the course of his employment. There is no infirmity in the aforesaid findings of the Claims Tribunal.

4. The appellant was a contractor under BSES Rajdhani Power Limited (respondent no.4) at the time of the accident and therefore, by virtue of Section 12 of the Employees' Compensation Act, respondent no.4, being the principal, is liable to deposit the compensation amount along with interest with a right to recover the same from the contractor. However, the Commissioner, Employees' Compensation has not dealt with this aspect. The impugned order dated 11th May, 2015 is modified to the extent that respondent no.4 is directed to deposit the entire award amount of Rs.3,19,600/- along with interest @ 12% per annum from 3rd February, 2008 as well as the funeral expenses of Rs.2,500/-. Upon deposit of the entire award amount, respondent no.4 is granted recovery rights to recover the award amount from the appellant.

5. Respondent no.4 has deposited a sum of Rs.2,41,000/- with UCO Bank, Delhi High Court Branch in terms of order dated 22 nd December,

2016 and the said amount has been directed to be disbursed by order dated 22nd December, 2016.

6. Respondent no.4 is directed to deposit the balance compensation amount along with interest and funeral expenses of Rs.2,500/- with UCO Bank, Dehi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Usha Mehan within a period of three weeks from today. The amount of Rs.2,41,000/- already deposited by respondent no.4 shall be first adjusted towards the interest in terms of Order XXI Rule 1 of the Code of Civil Procedure and thereafter, towards the principal. The computation of interest be filed by respondent no.4 on affidavit along with the proof of deposit within one week of the deposit.

7. List for disbursement of the compensation amount on 12th September, 2017.

8. Mr. Shiva Sharma, learned amicus curiae submits that the petitioner has not deposited the compensation amount within 30 days of the accident and therefore, show cause notice be issued to the appellant for imposition of penalty under Section 4A(3) of the Employees' Compensation Act. The Commissioner, Employees' Compensation is directed to issue a show cause notice to the appellant to show cause as to why the penalty upto 50% of the compensation amount of Rs.3,19,600/- be not imposed on the appellant on account of the default in depositing the compensation when it fell due.

9. This writ petition is disposed of in the above terms. The pending application is disposed of.

10. List before the Commissioner, Employee's Compensation on 1 st September, 2017. Learned amicus curiae submits that he shall assist the Commissioner, Employees' Compensation in this matter.

11. The record of the Commissioner, Employees' Compensation be sent back forthwith.

12. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

13. Copy of this judgment be sent to the appellant as well as his counsel.

AUGUST 09, 2017                                        J.R. MIDHA, J.
Dk