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2017 Supreme(Del) 4855

J.R.MIDHA
Brijesh Kumar Verma – Appellant
Versus
Aurangjeb – Respondent


Advocate Appeared:
For the Appellant :Mr. Harvinder Singh, Mr. Jatin Kumar, Advocates
For the Respondents:Ms. Pratima N. Chauhan, Advocate, Mr. Sanjoy Ghose, ASC for GNCTD.

JUDGMENT :

1. The appellant has challenged the order dated 6th May, 2016 passed by the Commissioner, Employees’ Compensation whereby compensation of Rs.10,69,008/- along with interest @ 12% per annum has been awarded to respondent no.1.

2. The appellant is the owner of property bearing No.BU-48, Pitampura, Delhi on which a four storey building was being constructed in March 2012. On 6th March, 2012, the roof (lintel) of the third floor was being laid. Respondent no.1 and his father were working as labourers on the construction site, along with 12-13 other labourers. According to respondent no.1, the contractor Gulab Singh (respondent no.2) instructed respondent no.1 to climb the wall of the third floor and club the grease of the lift with a cord from the bamboo whereupon respondent no.1 and another labourer told the contractor that the wall was weak and wet and would fall down. On the insistence of the contractor Gulab Singh, respondent no.1 climbed the wall whereupon wall broke and respondent no.1 fell down and suffered grievous injuries namely compression fracture of L1 vertebrae and olecranon fracture of the left elbow along with tendon deformity in both lower legs. Respondent no.










































































































































































































































































































































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