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Claim for compensation - liability of employer. - The Employees’ Compensation Act, 1923

The deceased was asked by the contractor to execute the work deputed by the officials of the appellants on Transformer of the electric line. While working, the deceased suffered electric shock as electric supply was not disconnected and eventually died. The widow of the deceased filed claim for compensation before the Compensation Commissioner which was allowed with interest at 12% interest. Order of the Compensation Commissioner has been challenged by the appellants. The Court examined the issue whether the deceased was working under the supervision and instructions of the appellant and appellant is liable for the compensation.

The Court held that the workman had been executing the work on the Transformer of the appellant under the supervision and directions of its officials. There was mistake on the part of employee of HUDA itself in not disconnecting the electric connection. The Compensation Commissioner has rightly held that liability to pay compensation to the widow of the deceased would be of the appellants. The findings of the Commissioner do not suffer from any infirmity or illegality. Appeal dismissed.

-H.C.P.&H., SDO Electrical, HUDA, Kurukshetra v. Shakuntala and other 

THE EMPLOYEES’ COMPENSATION ACT, 1923

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