Appeals under Section 30 of the Employee's Compensation Act, 1923, are restricted to substantial questions of law; consequently, High Courts possess limited jurisdiction to interfere with factual findings made by the Commissioner, especially where strict adherence to procedural laws like the Code of Civil Procedure is not required.

1. The present appeal has been preferred under Section 30 of the Employee’s Compensation Act, 1923, thereby impugning the order dated 20.03.2024 passed by the learned Commissioner Employee’s Compensation, District West, in WC No. EC/D/WD/83/2019/649. Vide the aforesaid decision, the claim application of the respondents herein was allowed, and the appellant herein was directed to deposit the compensation amount within a period of 30 days.

2. Learned counsel for the appellant, while assailing the impugned order, contends that the claimant failed to establish an employer-employee relationship as the claimant did not examine any co-workers in support of this plea. Further, there is stated to be a discrepancy with respect to the place of the incident as, though the appellant is the owner of the premises at NW-188, Vishnu Garden, Khyala, Delhi, the incident is stated to have taken place at NW-186, Vishnu Garden, Khyala, Delhi.

3. The above contentions are opposed by the learned counsel for the respondents, who submits that the deceased died via electrocution due to the high-tension wire proximate to the upper floor and walls of the premises owned by the appellant, and that FIR No. 497/2016 under Sections 285/304A IPC was lodged at P.S. Khyala in this regard.

4. A perusal of the record shows that the incident took place on 17.04.2016. The injured was removed to the hospital, where he expired on 20.04.2016. In between, during the police investigation, a statement of the deceased came to be recorded, wherein he divulged that he was employed with the appellant, and that on being asked to go to the terrace against his wishes, the incident in question had happened. In the claim application filed by the widow of the deceased, she claimed that her husband, Mohd. Hasan, used to work in factories located in Khyala and was employed in the factory of the appellant at NW-188, Vishnu Garden, Khyala, Delhi, on a part-time basis. The wall of the factory was proximate to the high-tension electric wire and often, electric current would flow in the walls of the factory. On the date of the incident at about 12.40 pm, the appellant had directed the deceased to go to the upper floor of the factory to switch on the lift/trolley for movement of goods. The deceased had expressed his fear of electrocution due to the high-tension wire passing through; however, on the insistence of the appellant, he went near the window for switching on the trolley button and ended up sustaining a heavy shock due to the high-tension wire, as a result of which his clothes and skin got burnt. He was rushed to Safdarjung Hospital, where he succumbed to his injuries on 20.04.2016. Before his death, the deceased had stated in his statement recorded on 18.04.2016 that the accident had occurred due to the negligence of the appellant. The deceased was stated to be the sole earning member of his family. Vide the claim application, the claimants had asked for compensation as well as penalty.

5. The appellant appeared before the learned Commissioner and denied the employer-employee relationship. He claimed complete ignorance of the incident and objected to the claim on account of it being time barred.

6. The widow of the deceased, besides examining herself, also moved an application for the examination of one Ravi; however, despite summons, he did not appear.

7. The claimant also examined SI Surta Nand, the Investigating Officer who had investigated FIR No. 497/2016 registered at P.S. Khyala. He appeared and deposed that on the said FIR being registered, he conducted the investigation, in which he recorded the statement of the deceased on 18.04.2016. The injured expired on 20.04.2016 and his post-mortem was also conducted. He had recorded the statements of the witnesses and a