New India Assurance Co. Ltd. v. Virender Singh and Aanother

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Del) 113

DELHI HIGH COURT
, J
New India Assurance Co. Ltd. v. Virender Singh and Aanother

Table of Content
1. appeal filed regarding employee injury compensation. (Para 1 , 2)
2. arguments regarding employer-employee relationship and negligence. (Para 3 , 4 , 5)
3. establishment of the principles governing employee compensation. (Para 6 , 7)
4. court’s views on employer liability and compensation calculation. (Para 8 , 9 , 10 , 11 , 12)
5. final order imposing costs on the appellant. (Para 14)

1. This first appeal is filed by the insurance company under S.30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') impugning the judgment of the Commissioner dated 25.1.2012 by which the Commissioner awarded compensation to the respondent no.1 herein, petitioner before the Commissioner.

2. The facts of the case are that the respondent no.1 was working with the respondent no.2 herein as a semi skilled worker engaged for replacing the insulator string cross arm of electric tower at Gangrat (H.P). When the respondent no.1 was engaged in his work on 28.9.2008, the electric tower collapsed and consequently respondent no.1 fell down from a height of 2025 meters and received multiple grievous injuries over his body. Respondent no.1 was taken to S.Karam Singh Mem