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.1 was admitted to Hindu Rao Hospital. The injuries suffered by respondent no.1 resulted in 80% permanent disability relating to both lower limbs due to post traumatic paraplegia as per the disability certificate dated 12th April, 2013. Police Station, Maurya Enclave registered FIR No.75 dated 6th March, 2012 under Sections 288/337 against the contractor, Gulab Singh (respondent no.2) in which charge sheet has been filed.

3. On 22nd August, 2012, respondent no.1 filed an application for compensation before the Commissioner, Employees’ Compensation against the appellant as well as respondent no.2. Respondent No.1 claimed that the accident arose out of and during the course of his employment. Respondent No.1 claimed compensation according to his age of 21 years, wages of Rs.10,500/- per month @ Rs.350/- per day and 100% permanent disability.

4. The appellant contested the compensation application on the ground that the appellant had given the contract for construction of the stilt parking and a four storey building to respondent No.2 vide agreement for construction dated 10th August, 2011 and, therefore, the appellant was not liable to pay any compensation to respondent No.1. The appellant filed an application for being deleted from the array of the parties which was dismissed by the Commissioner vide order dated 2nd May, 2013.

5. Respondent no.2 contested the application for compensation on the ground that he had given the sub-contract for construction to Mohd. Rahil who had employed respondent no.1. Respondent no.2, however, admitted having taken respondent no.1 to the hospital where he spent Rs.85,000/- on the treatment of respondent no.1. Respondent No.2 filed an application for impleading Mohd. Rahil as a respondent which was dismissed by the Commissioner vide order dated 2nd May, 2013.

6. On 21st December, 2012, the appellant filed an application seeking direction to the Medical Superintendent of Aruna Asaf Ali Hospital, Delhi to examine respondent No.1 and assess his disability and issue a disability certificate in pursuance to which on 21st February, 2013, the Commissioner directed the Medical Superintendent of Aruna Asaf Ali Hospital to examine respondent No.1 and issue the certificate.

7. On 12th April, 2013, the Medical Superintendent of Aruna Asaf Ali Government Hospital issued a certificate assessing the permanent disability of respondent No.1 as 80% in respect of both lower limbs due to post-traumatic paraplegia. The relevant portion of the said certificate is reproduced hereunder:-

“GOVERNMENT OF NCT OF DELHI OFFICE OF MEDICAL SUPERINTENDENT ARUNA ASIF ALI GOVERNMENT HOSPITAL 5, RAJPUR ROAD, DELHI-54

No.1262

Dated:12.04.2013

CERTIFICATE FOR THE PERSONS WITH DISABILITIES

This is to certify that Sh/Smt./Km. Aurangjeb Son/wife/Daughter of Sh. Harun Ag