Krishna Murari, J. - (1.) This first appeal from order under Section 30 of the Employees Compensation Act (for short the 'Act') has been filed by the employer challenging the judgment and award dated 30.08.2016 passed by Employees' Compensation Commissioner awarding a sum of Rs.6,81,551/- as compensation on account of death of workman-Bhola Prasad.
(2.) Background facts, in brief, are as under. The appellant is a registered partnership firm engaged in the business of work contract and material supply of electrical and engineering items relating to transformers etc. Appellant entered into a contract for erection of electricity poles and its transmission work with the respondent no. 2, Anpara Thermal Power Plant. Deceased-Bhola Prasad was engaged to work in the execution of the Project by the appellant. On 25.02.2015, at about 6 p.m., when the electricity poles were being erected for laying the transmission lines, one of the pole fell down on Bhola Prasad causing grievous injuries and while being taken to the hospital, he died on the way. Claim petition was filed by the claimant-respondent no. 2, wife of the deceased workman on the allegation that the death occurred during the course of and within the employment with the appellant. It was further pleaded that at the time of death, Bhola Prasad was aged about 25 years and his monthly salary was Rs.9000/- per month. On these allegations, a compensation to the tune of Rs.8,73,880/- along with penalty and 12% interest was claimed.
(3.) Proceedings were contested by the appellant on the allegations that the death was caused due to self inflicted injuries, inasmuch as he did not follow the rule and the directions for the purpose of securing the safety, as such, the employer was not liable to pay any compensation. It was also pleaded that the accident was a result of negligence of the workman himself and, thus, there was no liability. The appellant also stated that after the accident took place, along with local leaders, a huge mob assembled and resorted to 'chakka jam', and under the pressure of the authorities and the police, in order to maintain peace, a cheque of Rs.1,00,000/- and a sum of Rs.4,00,000/- in cash was given to the claimant by the appellant-employer, and thus also, liability, if any, stood discharged. The appellant also filed a compromise deed dated 25.02.2015 evidencing the amount paid to the claimants by way of settlement. On the basis of the pleadings of the parties, the Commissioner framed following four issues. "1. Whether the deceased employee was employed as a workman. 2. Whether the death was caused in course of employment. 3. Whether the workman was drawing wages of Rs.9,000/- per month and was aged 24 years on the date of accident. 4. Whether the claimant was entitled to compensation, and if yes, the quantum and whether any interest and penalty is liable to be imposed.";