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2020 Supreme(Kar) 1374

SURAJ GOVINDARAJ
Divisional Manager National Insurance Company Ltd Now – Appellant
Versus
Batulachandra Krittabas Mujhi – Respondent


Advocates Appeared:
Rajashekhar S Arani, Advocate, Gurukumar V A, Advocate

JUDGMENT

Suraj Govindaraj, J. - The Insurance Company is in appeal, challenging the order of the III Addl. Senior Civil Judge and MACT and Commissioner for employees Compensation, Belagavi, dated 25.04.2015 in ECA No.253/2014.

2. Respondent No.3 is a construction firm which acquires the lands to set up various residential schemes, I.T. Parks, Malls, Shopping Complex, etc., and other works. The respondent No.3 has engaged the service of respondent No.2 for the purpose of carrying out RCC contract in respect of residential scheme known as 'Kattepuram' situate at R.S.No.48/1/1 and 48/1/2, Navi Sangavi, Pimpale Gurav, Kattepuram Chowk, K6 Building, Pune, wherein respondent No.2 had engaged the service of the son of respondent No.1 by name Balaram as a workman.

3. On 17.08.2010 at about 10.00 a.m., the workman Balaram who was working as a carpenter, was doing his work at 10th floor under the instruction of respondent No.2. While he was working, he lost his balance and fell from the building, sustaining a head injury, was treated at YCMH Hospital, Pune, however, he succumbed to the injuries.

4. The Commissioner after considering the matter has awarded a sum of Rs.8,40,162/- with 12% inter

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