LAL BAHADUR vs DEVENDER GANDHI & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 09.01.2026 Pronounced on : 25.02.2026 Uploaded on : 25.02.2026 + FAO 77/2025 LAL BAHADUR .....Appellant Through: Mr. Abdullah Tanveer and Ms. Rajnandini, Advocates. versus DEVENDER GANDHI .....Respondent Through: Mr. Aman Saini, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed under Section 30 of the Employee‟s Compensation Act, 1963 (hereinafter the “Act”) and is directed against the order dated 16.12.2024 passed by learned Commissioner in claim application no. ECD/32/ND/2023/2064-2066, whereby the same came to be dismissed. 2. The appellant, who was the claimant before the learned Commissioner, is the father of Vishal (now deceased). The brief facts in a nutshell are that the claim application was preferred by the appellant seeking compensation on account of the death of his son, Vishal, aged 20 years. It was claimed that while Vishal was working as a labourer/workman in the shop of the respondent, i.e, „All in One Shop‟, a boy aged 27-28 years robbed the shop and, during the commission of the said offence, fired shots which hit Vishal, who succumbed to his injuries. An FIR bearing no. Signature Not Verified Digitally Signed By:PREM FAO 77/2025 Page 1 of 4 MOHAN CHOUDHARY Signing Date:25.02.2026 22:33:30 376/2021 under Sections 302/392/397/387/34 IPC and Sections 25/27 Arms Act, 1959 was also registered at P.S. Kanjhawala. It was further claimed that at the time of his death, Vishal was earning wages at the rate of Rs.20,000/- per month and that, despite numerous requests by the appellant, the respondent failed to pay the appropriate compensation. The appellant also claimed interest as well as penalty, as envisaged under Section 4A of the Act. 3. The claim was