- (1.) This appeal filed under Section 30 of the Workmen's Compensation Act, 1923 (for short the said Act) takes exception to the judgment dated 3.5.2013 passed by the learned Commissioner, Workmen's Compensation, Gondia. By said judgment, the claim for compensation moved by the respondent Nos.1 & 2 under Section 10 of the said Act has been partly allowed and the present appellant has been held liable to pay compensation to the respondent Nos.1 and 2.
(2.) The relevant facts are that : The son of the respondent Nos.1 & 2 Lalchand used to do various works under the directions of the respondent No.3 herein Santosh. According to the respondent Nos.1 & 2, on 1962011, the respondent No.3 had come to their residence to engage services of Lalchand. The respondent No.3 told Lalchand that work of laying tin sheets in the Godown owned by the present appellant was to be done. Accordingly, while undertaking the work of laying tin sheets on 196 2011, Lalchand came in touch with a live electric wire on the ceiling of the Gas Godown owned by the appellant and received an electric shock. The same turned out to be fatal resulting in demise of said Lalchand. According to the respondent Nos.1 & 2, Lalchand was earning Rs.200 per day and was aged about 20 years. In aforesaid background, a notice came to be issued to the appellant as well as the respondent Nos.3 & 4 under Section 10 of the said Act on 31122011 demanding compensation of an amount of Rs.10,00,000/. On not receiving any amount of compensation, present proceedings under Section 10 of the said Act came to be filed on 742012.
(3.) The present appellant owner as well as the respondent No.3 contractor filed common reply dated 30.7.2012 denying the entire case as sought to be made out. Reply was also filed by the respondent No.4 in which it was stated that the appellant had undertaken construction work of the Godown without obtaining any due permission and a notice had also been issued by the concerned Junior Engineer to stop the work and to apply for shifting of the electric supply line.;