Delhi High Court
Longjian Kec (Jv) Through Gm, ... vs Commissioner And Anr on 7 December, 2021
$~38
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 07.12.2021
+ FAO 270/2021& CM43744-45/2021
LONGJIAN KEC (JV) THROUGH GM, PROJECTS
..... Appellant
versus
COMMISSIONER AND ANR .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Shiv Prakash Pandey, Advocate.
For the Respondent:
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant impugns award dated 04.08.2020, whereby
compensation has been directed to be awarded to the legal heirs of the
deceased workman. Appellant also impugns order dated 24.08.2020,
whereby penalty, under Section 4(1)(3)(b) of the Employees
Compensation Act, 1923, equivalent to 30% of the compensation
awarded has been directed to be paid.
2. The deceased workman, who was then aged 29 years, was
working in the fabrication yard. It is stated that the deceased along
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:07.12.2021
Signing Date:08.12.2021 11:34:04 23:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
with co-workers went to the fabrication yard to shift the material from
the fabrication yard to girder bed. Deceased felt dizzy and he was
advised by the co-worker to sit on the ground. The deceased
subsequently became unconscious and when he was shifted to the
hospital, he was reported as brought dead.
3. The medical opinion with regard to the cause of death is
reported as "shock as a result of ante-mortem coronary artery disease
and the deceased has consumed alcohol prior to death". The alcohol
content is 19.0 mg/100 ml.
4. The deceased was aged 29 years and there is no material on
record to show that he was suffering from any medical disorder. The
cause of death reported is ante-mortem coronary artery disease.
5. It is an admitted position that deceased was working at the time
when he had suffered heard attack and expired. The deceased was
employed to shift material from fabrication yard to girder bed.
Clearly, the death is attributable to his employment and has occurred
in the course of his employment and accordingly the legal heirs are
entitled to compensation.
6. The Commissioner has also noticed that the appellant had failed
to produce the register of beneficiaries required to be maintained by
the employer under Section 15 of the Building and Other Construction
Workers (Regulation of Employment. And Conditions of Service)
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:07.12.2021
Signing Date:08.12.2021 11:34:04 23:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Act, 1996
7. There is no challenge to the assessment of the quantum of death
compensation. Further, since the compensation amount was not paid
or tendered within one month from the date of accident and as noticed
by the Commissioner not paid till the time of the passing of the award,
which was exactly one month from the date of accident. The
Commissioner thereafter set down the matter for appellant to show
cause as to why penalty under Section 4(1) (3) (b) not imposed. On
failure to show a just cause, Commissioner had imposed a penalty of
30% of the compensation awarded.
8. I find no infirmity in the award passed by the Commissioner in
grant of compensation and imposition of penalty. I find no merit in
the appeal. The appeal is accordingly dismissed.
SANJEEV SACHDEVA, J.
DECEMBER 07, 2021
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:07.12.2021
Signing Date:08.12.2021 11:34:04 23:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
