BEFORE THE LEARNED ASSISTANT LABOUR COMMISSIONER
(EMPLOYEES COMPENSATION ACT), JAMMU
BASHEER AHMED, Age years,
S/o Sh. Alia
R/o , Teh. Gool Distt. Ramban.
A/p Bathindi, Jammu.
……PETITIONER
VERSUS
1. GAMMON INDIA LIMITED
Through its Manager
Floor 3rd Plot No.3/8, Hamilton House,
J.N. Heredia Marg Ballard Estate
Mumbai- 400038
Telephone +91-22-2270 5562
2. RATNESH BHUSHAN
S/o S. B SINGH
R/o
3. IRFAN MALIK
S/o Sh. Abdul Rashid Malik
R/o Gool, Tehsil Gool
Distt. Ramban.
…RESPONDENTS
IN THE MATTER OF:- Claim Petition under Employees
Compensation Act for awarding
compensation to the tune of Rs.43.00
lakhs (Rupees forty three lakhs only) in
favour of the petitioner.
MAY IT PLEASE YOUR HONOUR;
The petitioner seeks indulgence of this Hon’ble Court for
grant of compensation under Employees Compensation Act as
under:-
1. That the petitioner was employee under the employment of
the respondent No.1 as he was working as Contractor at
Tunnel No. 48 at Dharam tehsil Gool District Ramban.
2. That on 18-03-2018 with instruction of the Respondent No. 1
the petitioner along with other employees were performing
their duties as they were constructing a Bowli for supplying of
water to the water tank installed at Tunnel No. 48 at Dharam
tehsil Gool District Ramban.
3. That it is relevant to mention here that the abovementioned
tunnel was being constructed by the Respondent No. 1 at the
bottom of the mountain and the respondent instructed the
petitioner and the other employees to construct a bowli on
the mountain from where the water was to be supplied to the
Tunnel No. 48 for construction purpose.
4. That as per the instructions of the Respondents, the
petitioner and the other employees reached at the site of the
work as well started constructing the bowli and suddenly at
about 10:00 AM a rock/stone rolled down from the top of the
mountain which hit the petitioner and the accident happened.
5. That due to said accident the petitioner suffered grievous
injuries on his whole body especially head and eye injuries.
The petitioner immediately after the accident was shifted by
the other employees which were working with the petitioner
to the bottom of the mountain at the site of Tunnel. The
petitioner was critically injured in the said accident and due
to the detoriated condition the petitioner was shifted to the
Primary Health Centre Sangaldan from where he was referred
to District Hospital Ramban and from where he was referred
to GMC Hospital Jammu for further treatment. The petitioner
on 19-03-2018 was admitted at GMC Hospital Jammu vide
MRD No.881946 where his right eye was operated. The
petitioner remained admitted from 19-03-2018 to 23-03-2018
after which he was discharged on 23-03-2018 and was
advised for follow up treatment. The petitioner after
discharge developed traumatic lens dislocation for which he
was again admitted on 18-04-2018 vide MRD No. 886311 and
was again operated on 19-04-2018 for lens dislocation of
right eye and discharged on 23-04-2018. Copy of the medical
record along with disability certificate issued by medial board
Ramban is annexed herewith as “ANNEXURE-A”.
6. That the matter was reported to Police Station, Gool and
concerned Police has registered FIR No. 25/2018 dated 31-03-
2018 under Sections 338 of IPC and later on final report/
charge sheet has been produced before the Court of Learned
JMIC, Gool vide charge Sheet No.52/2018 dated 28-08-2018
u/s 338 of IPC. Copy of the said FIR and Challan are
collectively enclosed herewith and marked as
ANNEXURE-‘B’.
7. That the petitioner sustained the following critical injuries due
to the said accident:-
i) Lost his right eye.
Besides this the petitioner suffered number of other
injuries over his body. Immediately after the accident
petitioner was shifted to Primary Health Centre Sangaldan
and from where he was referred to District Hospital Ramban
where concerned doctors had given first Aid and referred the
petitioner to Govt. Medical College, Jammu where petitioner
was operated and attended by a team of doctors. The
petitioner was remained admitted under MRD No. 881946
and MRD No. 886311 for long time at Govt. Medical College,
Jammu and after discharge the petitioner was advised for
complete rest & follow-up treatment and he is undergoing
the same till date. The petitioner despite the best
treatment has not recovered fully as such he is unable to
see having difficulty in moving around or perform any work
etc as such petitioner has becomes totally dependent upon
others. The petitioner reserves the liberty to produce the
further medical bills as and when the same are issued.
8. That the petitioner has purchased almost all the medicine,
equipment and instruments from market and has spent more
than Rs.5.00 lacs (Rupees five lacs only) for his treatment till
date but his attendants and family members are undergoing
lot of trauma and frustration could not collect all the bills
though few bills which are only a tip of the ice berg are
collected by the attendants. It is apt to mention here that the
petitioner is still under medical treatment and is expected to
spent lakhs of rupees on his future treatment. Copy of
available medical record alongwith few medical bills are
enclosed herewith ANNEXURE-C.
9. That prior to the accident, the petitioner was in the
employment of respondent No.1 and his monthly salary
immediately preceding the date of accident was fixed
Rs.50,000/- per month immediately preceding the date of
accident. It is apt to mention here that after the accident the
petitioner has become crippled and permanently disabled
and is unable to do his duty as Supervisor or perform any
other work for earning his livelihood, thus there is total loss of
income of the petitioner.
10. That the petitioner is entitled to compensation of Rs.43.00
lakhs (Rupees thirty-eight lakhs only) under following heads: -
S.No Particulars Amount
.
1 Pecuniary Loss Rs.30,00,000/-
2 Loss of future expectancy Rs.10,00,000/-
3 Medical Expenses incurred so far Rs.2,00,000/-
4 Expenses on future treatment Rs.5,00,000/-
5 Damages on account of pain and Rs.5,00,000/-
suffering
6 Damages for loss of amenities of Rs.5,00,000/-
life
7 Expenses on special diet, Rs.5,00,000/-
transportation
Total Rs.62,00,000/-
11. That the present claim petition has been filed under the
Employees Compensation Act on the ground that the
petitioner was working as Contractor with the Respondents.
12. That the petitioner resides with the territorial jurisdiction of
this Hon’ble Court and the Hon’ble Court is competent to
entertain the present petition and decide the same in merits.
13. That the petitioner has no source of income from any quarter
and was only earning member of his entire family.
IN THE PREMISES:-
It is, therefore, respectfully prayed that keeping in view
the submission made hereinabove and those to be urged at
the time of hearing, the Hon’ble Court may very kindly be
pleased to direct the respondents jointly or severally to pay
the compensation of Rs.43.00 lakhs (Rupees fourty three
lakhs only) alongwith interest @18% per annum in favour of
the petitioners under the Employees Compensation Act in the
interest of justice, equity and fair play.
THE PETITIONER
THROUGH COUNSEL
DATED: -03-2024
ADVOCATE
