Judgment:
$~47 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:
19. h May, 2017 FAO1752016 & CM No.15117/2016 MAHENDRA KUMAR MALHOTRA ..... Appellant Through: Mr. Nimish Chib and Mr. Pallav Gupta, Advs. versus VINDVASINI AND ORS ........ RESPONDENTS
Through: Mr. Jatin Rajput, Mr. Vikram Mathur and Mr. Rajender Pratap, Advs. for R1 and R2. Respondent No.3 in person. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the order of the Commissioner, Employees’ Compensation whereby compensation of Rs.8,54,280/- has been awarded to respondents No.1 and 2.
2. On 25th April, 2015, Roshan was working on the grinding machine for laying the stone/marble on the floors in respect of the appellant’s property. Roshan suffered a electric shock from the grinding machine which resulted in fatal injuries. The police registered FIR No.238 dated 25th April, 2015 under Section 304-A IPC and filed the chargesheet against the contractor and owner of the property. The appellant contested the claim on the ground that the appellant had engaged the contractor, Sita Ram who in turn had employed the deceased. FAO1752016 Page 1 of 4 3. Learned counsel for the appellant urged at the time of the hearing that respondent No.3 is the contractor who alone is responsible for payment of compensation.
4. Section 12 of the Employee’s Compensation Act castes the primary liability of payment of compensation on the principal and, therefore, the Claims Tribunal rightly held the appellant to be liable to pay the compensation. As such, there is no infirmity in the award of compensation by the Commissioner, Employees’ Compensation against the appellant.
5. 6. The appeal as well as pending applications are dismissed. The appellant has deposited Rs.9,53,946/- with the Commissioner, Employees’ Compensation on 10th June, 2016 out of which 50% amount has been already disbursed to respondents No.1 and 2 and the balance amount of Rs.4,83,958/- is lying in fixed deposit with State Bank of India, Tis Hazari Courts Branch.
7. The Commissioner, Employees’ Compensation is directed to instruct State Bank of India, Tis Hazari Courts Branch to disburse the FDR amount to the claimants in the following manner:-
"(i) Rs.2,00,000/- be kept in FDR in the name of Baby Pooja, daughter of late Roshan till she attains the majority. The monthly interest of the FDR be released to Vindvasini, widow of late Roshan by transferring the same to her savings account No.75055485336 with Purvanchal Bank, Janipur Branch, Gourakhpur, U.P., IFSC Code SBINORRPUGB. Upon attaining majority, the State Bank of India, Tis Hazari Courts Branch shall keep the amount FAO1752016 Page 2 of 4 of Rs.2,00,000/- in 40 FDRs of Rs.5,000/- each in the name of Pooja for a period of 1 month to 40 months respectively with cumulative interest. (ii) Rs.1,25,000/- be kept in 25 FDRs of Rs.5,000/- in the name of Vindvasini for a period of 1 month to 25 months respectively with cumulative interest. (iii) Rs.1,00,000/- be kept in 20 FDRs of Rs.5,000/- in the name of Salanti Devi@ Shalahanti Devi, mother of deceased for a period of 1 month to 20 months respectively with cumulative interest.
8. The maturity amounts along with cumulative interest of the FDRs of claimants shall be transferred to their respective individual savings bank accounts near the place of their residence.
9. All the original FDRs shall be retained by State Bank of India, Tis Hazari Courts Branch. However, the statement containing FDR number, FDR amount, date of maturity and the maturity amount be furnished to claimants.
10. No cheque book or debit card be issued to the claimants without permission of this Court. However, in case, the debit card/cheque book have already been issued, by the Purvanchal Bank, Janipur Branch shall cancel the debit card and/or cheque book.
11. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
12. The balance amount after keeping Rs.4,25,000/- in fixed deposit be released to Vindvasini, Salanti Devi and Mahabal in equal shares by transferring the same to their savings bank accounts near their FAO1752016 Page 3 of 4 place of residence. (Mahabal’s Account number is 7503791373-8 with Purvanchal Bank, Janipur Branch, Gourakhpur, U.P., IFSC Code SBINORRPUGB).
13. The Commissioner, Employees’ Compensation has not imposed any penalty on the appellant. Learned counsel for the appellant submits that the appellant does not have any means and capacity to pay the penalty amount. Let the appellant pay the litigation expenses of Rs.10,000/- to the respondent by means of a cheque drawn in the name of respondent’s counsel to be delivered to him within three weeks.
14. List for reporting compliance on 03rd July, 2017.
15. Copy of this judgment be given dasti to counsels for the parties under signature of Court Master. MAY19, 2017 ak J.R. MIDHA, J.
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