Alok Sharma, J. - (1.) THIS misc. appeal has been filed against the order dated 19.6.2013 passed by Employees/Workmen Compensation Commissioner, Jaipur (hereinafter 'the Commissioner') under the provisions of the Employees Compensation Act, 1923 (hereinafter 'the Act of 1923') whereby an award for Rs. 8,63,343/ - along -with interest @ 12% p.a has been passed in favour of the claimants respondents No. 1 and 2 and against the appellant (insurance company).
(2.) HEARD the counsel for the appellant and perused the impugned order dated 19.6.2013 passed by the Commissioner. By the impugned order the Commissioner has found that Ganesh Mukhiya aged about 22 years was employed with M/s. Wig Brothers Construction Pvt. Ltd. as a Mistri (Mason). On 12.4.2012 while construction was being carried out on the 11th floor in the Vatika Infotech City Village Thikriya, Jaipur he fell off the scaffolding. The resultant injuries led to his death on the same day. In view of the employer being covered under the Employer Liability Policy of the New India Insurance Company Limited, the Commissioner found that taking into consideration the age of the deceased at 22 years and the salary of deceased as Rs. 7,800/ - per month the claimants as the legal heirs of the deceased were entitled to a compensation of Rs. 8,63,343/ - along -with interest @ 12% per annum effective 11.5.2012 till the date of payment in terms of sub -section 3 of section 4(a) of the Act of 1923.
(3.) MR . Rishipal Agarwal, counsel appearing for the appellant insurance company has submitted that the employee - employer relationship between the insured M/s. Wig Brothers Construction Pvt. Ltd. was not proved. He further submitted that as per the report of the investigator appointed by the Insurance Company the salary paid to the deceased Ganesh Mukhiya was @ Rs. 300/ - per day for 20 days a month. On the aforesaid submissions it is prayed that the impugned order dated 19.6.2013 be quashed and set aside.;