Ram Kartar Singh vs Manju & Ors.
2017 Latest Caselaw 4657 Del

$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Date of Decision:31st August, 2017

+     FAO 156/2017 and CM 41261/2016

      RAM KARTAR SINGH                              ..... Appellant
                   Through:          Mr.P.K. Kar, Mr. T.K Mahapatra,
                                     Advocates
                        versus

      MANJU & ORS.                                      ..... Respondents
                        Through:     Mr.Vinod Kumar, Advocate for
                                     respondents no.1 to 3
                                     Mr. J.P. ishra, Mr.Sudhir Naagar,
                                     Mr.Prashant Khatana, Advocate for
                                     respondent no.4.


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

                         JUDGMENT (ORAL)

1. The appellant has challenged the award dated 10th May, 2016 whereby compensation of Rs.6,78,413/- has been awarded to respondents no.1 to 3 by the Commissioner, Employees' Compensation.

2. On 21st February, 2012, Kamal Singh was working as a labour in property bearing No.S-478, Greater Kailash Part-I, New Delhi when the balcony of the house fell down and Kamal Singh suffered fatal injuries which resulted in his death. Kamal Singh was survived by his widow and

two minor children who filed an application for compensation before the Commissioner, Employees' Compensation against the appellant (contractor) as well as respondent no.4 (owner of the property No.S-478, Greater Kailash Part-I, New Delhi).

3. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is applicable to the present case as the cost of the construction of the building is more than Rs.10 lakh and more than 10 workers were employed during the construction. As per Section 45 of the BOCW Act, the owner of the building is liable to pay the compensation and claim recovery rights against the contractor.

4. Learned counsel for respondent no.4 submits on instructions of respondent no.4 that respondent no.4 shall deposit the entire compensation amount along with interest with the Registrar General of this Court in view of the liability of the owner of the building under Section 45 of the BOCW Act and the appellant has agreed to pay a sum of Rs.4 lakh to respondent no.4 in full and final settlement.

5. The appellant present in Court along with his counsel undertakes to pay a sum of Rs.4 lakh to respondent no.4 in full and final settlement within a period of four months from today. The undertaking of the appellant is hereby accepted. The appellant shall sign the ordersheet before leaving the Court.

6. Respondent no.4 is directed to deposit the entire compensation amount of Rs.6,78,413/- along with interest @ 12% per annum from 21st March, 2012 within a period of seven weeks from today with UCO Bank, Delhi High Court Branch in the name of UCO Bank A/c Manju.

7. The appeal is disposed of in the above terms. The pending application is disposed of. The appellant shall remain bound by the undertaking given to this Court.

8. List for disbursement of the compensation amount on 6th November, 2017.

9. Respondent no.1 shall remain present in Court on the next date of hearing along with passbook of her savings bank account near the place of her residence as well as Aadhaar card and PAN card.

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

AUGUST 31, 2017                                       J.R. MIDHA, J.
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