[2026:RJ-JD:11186]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 124/2013

1. BSNL through Sub-Divisional Engineer (Electrical) Ajmer.

2. Sub-Divisional Engineer BSNL Kekadi District Ajmer.

----Appellants Versus

1. Munshi Khan S/o Khuda Bux, Age 51 years.

2. Smt. Insha Allah W/o Munshi Khan, age 46 years.

3. Smt. Saidan W/o Khuda Bux, age 70 years.

4. Altaf S/o Munshi Khan, age 5 years.

5. Khursida D/o Munshi Khan, age 9 years.

6. Ruksana D/o Munshi Khan, age 12 years.

Respondent No. 4 to 6 through his natural guardian father Munshi Khan S/o Khuda Bux, R/o Thanu, Tehsil Didwana, District Nagaur.

7. Aditya Mathur M/s Nice Diesel Engine Pvt. Ltd. 194 B, Ramesh Market, East Kailashgarhi, Delhi-110065.

8. Rais S/o Mohammed Rafik R/o Panch Batti Chouraha, Opp.

Darbar School, Hamid Nagar P.S. Jalupura, Jaipur. 9. Workman Compensation Commissioner, Ajmer.

----Respondents For Appellant(s) : Mr. Suhil Kumar Mathur For Respondent(s) :

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

06/03/2026

1. By way of filing the present appeal, a challenge has been laid to the judgment and award dated 23.12.2011 passed by the learned Workmen Compensation Commissioner, Nagaur, in case No.WC/F/15/2008 whereby the learned Commissioner has allowed the claim application filed by the claimants-respondents No.1 to 6 and awarded a sum of Rs.4,45,220/- as compensation along with interest @ 12% per annum from the date of accident i.e.

07.04.2008 and further awarded a sum of Rs.2,22,710/- towards penalty as well as Rs.2,500/- towards funeral charges.

Factual Matrix:-

2. Brief facts of the case are that the claimants-respondents No.1 to 6, herein had filed a claim application before the learned Commissioner stating therein that deceased Shabbir Mohammed, was the son of claimant Nos.1 & 2 and the grandson of claimant No.3. It was further stated that the claimant Nos.4 to 6 are the minor brothers and sisters of the deceased. It was asserted that deceased Shabbir Mohammed, who was 21 years of age, working under the respondent Nos.1 to 3 therein has died on 07.04.2008 while lifting a generator at the tower situated at the house of Ramesh Shastri for the present appellant, i.e. BSNL. For the purpose of installation of generator, for the tower in question, a contract was given by the appellant-BSNL to Aditya Mathur M/s Nice Diesel Engine Pvt. Ltd. - respondent No.1 therein, who had further subcontracted the tender in favour of Rais - S/o Mohammed Rafik – respondent No.2 therein. It was averred that the deceased was engaged by Rais for the principal employer i.e. BSNL for the purpose of installation of generator and lifting of the same at the site in question. It was further averred that when the deceased was connecting generator with the wire, he fell down and thereafter he was taken to the hospital, where he succumbed to the injuries. It was further averred that the deceased used to earn Rs.200/- per day as wages and was in the employment of the principal employer i.e. BSNL and that the accident took place during the course of employment.

2.1. The claimants further submitted that they had initially registered an inquest report and, thereafter, given notice to the respondents, including the present appellant, however, no compensation was paid. Therefore, they had filed the claim application before the authority concerned.

2.2. The present respondent No.7 (original respondent No.1) filed a reply to the claim application and, while denying the contents thereof, asserted that there was no employer-employee relationship between the respondent No.1 and the deceased, and the principal employer was essentially the respondent Nos.2, 3 & 4.

2.3. A reply came to be filed by respondent No.8, Rais (original respondent No.2), wherein he denied the factum of the deceased being employed under him or that he had received the contract from respondent No.1-Aditya Mathur.

2.4. As far as the appellant No.1 is concerned, they filed a reply on 24.03.2009 simply stating therein that the burd