Delhi High Court
Vimal Kishor vs Northern Railway & Anr. on 14 July, 2017
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:14th July, 2017
+ W.P.(C) 922/2016
VIMAL KISHOR ..... Appellant
Through: Mr.Anjani Kumar Singh, Advocate
versus
NORTHERN RAILWAY & ANR. ..... Respondents
Through: Mr. Jagjit Singh, Adv. for Railways.
Mr. Desh Raj and Mr. Pradeep, Advs.
for R2.
Mr. Anoop J. Bhambhani, Sr. Adv. as
amicus curiae with Ms. Lakshita
Sethi, Adv.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. On 27th July, 2014 at about 06:30 pm, the petitioner and other workers
were working on the Railway track near Hazrat Nizamuddin Railway Station
under the employment of respondent no.2. The petitioner was working
inside the track whereas the co-workers were working outside the track. Due
to the fault of the line-man employed by respondent No.2 in signaling the
workers to keep away from the track, both legs of the petitioner were
crushed by the train. The petitioner was taken to AIIMS Trauma Centre
where both his legs were amputated. The police registered DD No.16A. The
petitioner is seeking compensation of Rs.24,00,000/- for the amputation of
both the legs.
2. The accident dated 27th July, 2014 arose out of and during the course
of the employment of the petitioner with respondent no.2 and the petitioner
is entitled to compensation of Rs.11,76,989/- under the Employees'
Compensation Act as per break-up given hereunder:-
Salary of the petitioner (maximum as per Rs. 8,000/-
notification)
60% of the salary for the purpose of Rs. 4,800/-
computation of compensation
Age of the petitioner at the time of 27 years
accident
Appropriate factor according to 213.57
Schedule IV of the Employees'
Compensation Act
Compensation amount Rs.10,25,136/-
(Rs.4,800 x 213.57)
Medical expenditure Rs. 1,853/-
Expenditure on artificial limbs Rs.1,50,000/-
TOTAL COMPENSATION Rs.11,76,989/-
3. Respondent no.2 was liable to deposit the compensation amount with
the Commissioner, Employees' Compensation as soon as it fell due.
Admittedly respondent no.2 has not deposited the compensation amount
with the Commissioner, Employees' Compensation within one month of
the accident and therefore, respondent no.2 is liable to pay penalty upto
50% of the compensation amount under Section 4A(3) of the Employees'
Compensation Act. Considering that respondents no.1 and 2 have
deposited Rs.5 lakh each under the orders of this Court, a lenient view is
taken and penalty of Rs.73,011/- is imposed on respondent no.2. The total
liability of respondent no.2 is held to be Rs.12,50,000/- (Rs.11,76,989/- +
Rs.73,011/-)
4. In the present case, respondent no.2 is the contractor who had been
awarded the contract for maintenance of Railway lines and slippers by the
Railways. Respondent no.1 is the principal whereas respondent no.2 is the
contractor. Under Section 12 of the Employees' Compensation Act, the
principal is liable to deposit the compensation amount and thereafter,
recover it from the contractor. Applying Section 12 of the Employees'
Compensation Act, respondent no.1 is held liable to deposit the
compensation amount and thereafter, recover the same from respondent
no.2.
5. The writ petition is allowed and respondent no.2 is held liable to pay
Rs.12,50,000/- along with interest @ 12% per annum on the principal
amount of Rs.11,76,989/- from 28th August, 2014 till realization.
Respondent no.1, being the principal, is held liable to deposit the
compensation amount with right to recover the same from respondent no.2.
6. Respondent No.1 as well as respondent No.2 have deposited
Rs.5,00,000/- each with the Registrar General of this Court in terms of the
orders dated 24th May, 2016 and 30th May, 2016. Respondent No.1 is
directed to deposit the balance compensation amount of Rs.2,50,000/-
along with interest @ 12% per annum on Rs.11,76,989/- from 28th August,
2014 within four weeks (Interest on Rs.5,00,000/- from 28th August, 2014
up to 24th May, 2016, interest on Rs.2,56,920/- from 28th August, 2014 to
05th September, 2016, interest on Rs.2,43,080/- from 28th August, 2014 to
02nd November, 2016 and interest on balance Rs.1,76,989/- from 28th
August, 2014 up to the date of the deposit). Respondent No.1 is granted
recovery rights to recover the aforesaid amount from respondent No.2 after
deposit of the aforesaid amount by respondent No.1.
7. List for disbursement of compensation amount on 17th August, 2017.
8. Copy of this judgment be given dasti to counsels for the parties under
the signature of the Court Master.
JULY 14, 2017 J.R. MIDHA, J.
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