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2017 Supreme(Del) 3683
IN THE HIGH COURT OF DELHI AT NEW DELHI
J.R. MIDHA, J.
M/S Delhi Chartered Accountants Co Operative Group Housing Society Ltd Thr Its President & Secretary - Appellant
Versus
Roopa Devi - Respondent
Decided On : 19-09-2017
FAO 158 of 2017 & CM Appln. 13710 of 2017
For the Appellant :Mr. Neeraj Kumar, Advocate
For the Respondent:Mr. S K Singh and Mr. Agit K Singh, Advocates
The court upheld the principle that in cases of fatal accidents during the course of employment, the entitlement to compensation should be determined based on the circumstances of the incident and not on unsupported claims of suicide.
Headnote:
Employees' Compensation - Fatal Accident - DD 29A, PS Paschim Vihar, New Delhi - [Employees' Compensation Act, Section 174 Cr.P.C] - The court held that the deceased suffered a fatal accident during the course of his employment, dismissing the appellant's claim of suicide. The compensation awarded was upheld and directed to be disbursed to the respondent.
Fact of the Case:
The deceased, an employee of the appellant, suffered fatal injuries while on duty. The appellant contested that the deceased committed suicide, thus challenging the compensation awarded to the respondent.
Finding of the Court:
The court found that the deceased suffered a fatal accident during the course of his employment, dismissing the appellant's claim of suicide and upholding the compensation awarded to the respondent.
Issues: Dispute over the cause of the deceased's injuries and the entitlement to compensation.
Ratio Decidendi: The court relied on the Final Inquest Report under Section 174 Cr.P.C, which indicated that the deceased was on duty and suffered fatal injuries, rejecting the appellant's claim of suicide.
Final Decision: The appeal was dismissed, and the compensation amount was directed to be released to the respondent.
1. The appellant has challenged the impugned order dated 10th February, 2017 whereby compensation of Rs.6,77,760/-along with interest @ 12% per annum and funeral charges of Rs.5,000/-have been awarded to the respondent.
2. The respondent is the widow of Late Shyambir who was working as a plumber with the appellant’s CA Apartments for the last about 28 years. On 14th February, 2012, Late Shyambir was on duty in the society complex and at about 12:00 Noon, he fell down from the building No.5A of CA Apartments which resulted in fatal injuries. The deceased was survived by his widow, namely the respondent herein who has filed the application for compensation before the Commissioner, Employees’ Compensation which resulted in the impugned award.
3. The appellant admitted before the Commissioner, Employees’ Compensation that the deceased was employed with the appellant for the last about 28 years as a plumber and his last drawn salary was Rs.5,000/-per month. The appellant further admitted that the deceased was on duty on 14th February, 2012. The defence set up by the appellant before the Commissioner, Employees’ Compensation was that the deceased committed suicide by jumping from the building and, therefore, respondent is not entitled to any compensation.
4. The Commissioner, Employees’ Compensation held that the deceased met with an accident and suffered fatal injuries during the course of his employment with the appellant and, therefore, the respondent is entitled to compensation of Rs.6,77,760/-along with interest @ 12% per annum and funeral charges of Rs.5,000/-.
5. Learned counsel for the appellant urged at the time of hearing that the deceased committed suicide by jumping from the top of the building and therefore, the respondent is not entitled to compensation.
6. Vide order dated 5th July, 2017 this Court requisitioned the record of DD 29A dated 14th February, 2012, PS Paschim Vihar, New Delhi which was produced before this Court. As per Final Inquest Report under Section 174 Cr.P.C, the deceased was on duty on 14th February, 2012 and around 12:00 PM, he went to the top of building No.5A, CA Apartments, Paschim Vihar to check the pipeline and he fell down from there and was taken to Shree Balaji Action Hospital, Paschim Vihar where he was declared as brought dead.
7. No substantial question of law arises for consideration in this appeal. That apart, there is no merit in the appellant’s contention that the deceased committed suicide in as much as no one in the appellant’s society has seen the deceased jumping from the building. There is no evidence to support the contention of the appellant that the deceased committed suicide by jumping from the building. This Court is of the view that the deceased suffered/met with the accident during the course of his employment with the appellant on 14th February, 2012.
8. The appeal is dismissed. Pending application is disposed of.
9. The appellant has deposited Rs.9,43,700/-with the Registrar General of this Court.
10. The respondent is present in the Court and has produced her passbook of her savings bank account No.047600101021934 with the Corporation Bank, Paschim Vihar Branch, New Delhi (IFSC: CORP0000476).
11. The Registrar General is directed to release the compensation amount to the respondent by instructing UCO Bank, Delhi High Court Branch to disburse the amount in the following manner:-
(i) Rs.8,60,000/-be kept in 100 FDRs of Rs.8,600/-each for a period of 1 month to 100 months respectively in the name of respondent with cumulative interest.
(ii) Balance amount, after deducting Rs.8,60,000/-, be released to the respondent by transferring the same to her savings bank account with the Corporation Bank, Paschim Vihar Branch, New Delhi.
12. At the time of maturity of the FDRs, the maturity amount shall be credited in the aforesaid savings bank account of the respondent with Corporation Bank, Paschim Vihar Branch, New Delhi.
13. All the original FDRs shall be retained by UCO Bank, Delhi
