Arun Bhansali, J. - (1.) This appeal under Section 30 of the Employee's Compensation Act, 1923 ('the Act') is directed against the order dated 30/5/2016 passed by the Employee's Compensation Commissioner, Jodhpur ('the Commissioner'), whereby, the Commissioner has ordered payment of compensation to the tune of Rs.3,38,880/- along with interest @ 12% p.a. w.e.f. 26/9/2009. A penalty of Rs.80,000/- has also been imposed on respondent no.6.
(2.) An application was filed by the claimants - children of the deceased, Hadman Ram, through their maternal grandmother with the averments that their father was engaged by Ashok Panwar, who was contractor with the appellant and while working as Mason at the site of the appellant, on 26/9/2009 the scaffolding gave way resulting in said Hadman Ram falling down, suffering injuries and ultimately succumbing to the same.
(3.) Notices were issued and replies were filed by the appellant and respondent no.6. The Commissioner framed six issues. After the evidence was led, the Commissioner came to the conclusion that the application could be filed through the maternal grandmother of the applicants; the application was within limitation; the accident occurred during the course of employment and under the provisions of Section 12 of the Act, the appellant was also liable for payment of compensation and the claimants were entitled to compensation to the tune of Rs.3,38,880/- and interest @ 12% p.a. Further, penalty of Rs.80,000/- was also imposed on the respondent no.6 alone.;