* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26.02.2026 + FAO 200/2023, CM APPL. 40661/2023 and CM APPL. 2013/2026 NATIONAL INSURANCE COMPANY LIMITED .... Appellant Through: Mr. Shubham Sharma, Mr. Sumit Prasad, M. Shagun Shahi and Mr.

Deepansh Sharma, Advocates versus BIRENDER KUMAR TIWARI & ANR. .... Respondents Through: Mr. Nitesh Kumar and Mr. Mayank Goswami, Advocates for respondent No.1 Mr. Shwetank Sharma, Advocate for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL)

1. The present appeal has been filed under Section 30 of the Employees‟ Compensation Act, 1923 (hereinafter referred to as the “Act”), against the order dated 31.05.2023 passed by the learned Commissioner, Labour Department, Government of NCT of Delhi.

2. Vide the impugned order, the learned Commissioner allowed the claim application for injury compensation and, after issuance of notice under Section 4A, directed the insurance company to pay compensation of Rs.3,67,819/- along with interest @ 12% per annum w.e.f. 17.06.2013 till realization. The insurance company was further held liable to pay penalty and interest under Section 4A of the Act.

3. Briefly, the claimant filed the subject application stating that he had been employed with the management since the year 2007 as a mechanic and that his last drawn salary was Rs.14,000/- per month. It was further stated that the management, being engaged in the business of construction, had deployed him at its ongoing construction site. On 18.05.2013, while deployed at the Sarojini Nagar Metro construction site, the claimant allegedly suffered injuries on account of an accident involving the breaking of the Kelly due to excessive loading, as a result of which a heavy object fell upon him. The claimant sustained injuries to his legs as well as his spinal cord, and FIR No. 137/13 under Sections 287/338 of the Indian Penal Code, 1860 came to be registered. Subsequently, the claimant was re-employed with the management, and his services were eventually terminated on 23.07.2018. Along with the claim application, a disability certificate issued by the Medical Board, Aruna Asaf Ali Government Hospital, was placed on record, wherein his disability was assessed at 41%.

4. The management appeared and admitted the employer-employee relationship. It, however, denied its liability to pay any compensation. The management further submitted that it had taken insurance policy cover under the Workmen Compensation Employees Compensation Insurance Policy vide Policy No. 360300/41/12/8600000055. Under the said policy, a total sum of Rs.29,40,000/- was insured for about 100 workers across different wage brackets. An insurance premium of Rs.20,089/- was also paid. The insurance policy was valid from 30.03.2013 to midnight of 29.06.2023. The management further stated that all medical expenses for the treatment of the workman were borne by it and that, in total, a sum of Rs.3.50 lakh was spent towards medical expenditure.

5. The insurance company also appeared and contested the claim. It denied that any accident had taken place and, consequently, denied liability to pay compensation. It was further stated that intimation of the accident had not been conveyed to the insurance company.

6. On the basis of respective stands taken by the parties, the learned Commissioner framed four following issues: -

“1. Whether the claimant is entitled for compensation on account of accident occurred on 18/05/2013, in the course out of his employment with respondent no 1 and if so?

2. To what amount of injury compensation is he entitled?

3. Whether the claim is time barred?

4. Whether respondent are liable to pay penalty and upto what extent and what amount?

5. Any other relief?”

7. While answering the aforesaid issues in favour of the claimant, the learned Commissioner awarded compensation of Rs.3,67,819/-, taking into account the age of the claimant as 39 years and applying the factor of 186.90 as per Schedule IV of the Act.