M/S CHARMS CARDS PVT LTD vs VINOD KANWAR & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 17.11.2025 Judgment pronounced on: 28.11.2025 + FAO 112/2016 M/S CHARMS CARDS PVT LTD .....Appellant Through: Ms. Shraddha Bhargava, Advocate. versus VINOD KANWAR & ORS .....Respondents Through: Mr. R.K. Nain, Ms.Pratima N. Lakra and Mr. Chandan Prajapati, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 30 of the Employee’s Compensation Act, 1923 (the EC Act), has been filed by the respondent in Claim no. WCD/CD/4/08-6649, before the court of the Commissioner, EC Act, Central District, Puria, New Delhi whereby the claim for compensation of the claimants was allowed. The parties in this appeal will be referred to as described in the original proceedings. Signature Not Verified FAO 112/2016 Page 1 of 16 Signed By:KOMAL DHAWAN Signing Date:28.11.2025 10:54:22 2. The brief facts leading to the present appeal are as follows: The claimants, being the widow, minor children, parents and brother of deceased Sultan Singh, filed an application under the EC Act before the learned Commissioner. It was their case that the deceased was engaged as a mason (raj mistri) for construction work in a godown stated to be associated with the respondent. They alleged that on 13.05.2005, at about 7:00 PM, while the deceased was carrying out plastering work on the second floor, the wooden platform on which he was standing collapsed, resulting in his fall and causing grevious injuries. He was taken to LNJP Hospital, where he was declared “brought dead”. The body, was thereafter, taken to the native village of the deceased for cremation. 2.1 Based on these assertions, the claimants sought compensation from the respondent/the employer on the ground that death