B RADHAKRISHNA Vs. GOURAMMA

JUDGEMENT

(1.) HEARD Mr. Latur, learned counsel for the appellant.

(2.) ON 30. 1. 1990, the appellant was constructing a residential building at site No. 337, 12th cross, ii block, r. t. Nagar, Bangalore. He had given contract to carry out the tile polishing work for the entire house to the respondent No. 3 who had employed the deceased to carry out the polishing work by machine. The machine which was brought by the deceased as per the direction of respondent No. 3 was out of order. As such, the deceased died due to electric shock. Hence the l. rs. Of the deceased filed w. c. a. Fc. Cr. No. 22 of 1990 before the workmen's compensation commissioner, division No. 2, visl building, Bangalore city. After hearing the case, the wc commissioner has passed the judgment and award for a sum of Rs. 71,498. 28 against the respondent No. 3 and the appellant apportioning the compensation equally.

(3.) MR. Latur, learned counsel for the appellant submitted that the direction that the appellant is also responsible to pay 50 per cent of the compensation cannot sustain in the eyes of law in view of the decisions, namely, in case of Shantabai V. Sahadeo, 1985 ACJ 845 (Bombay) and in the case of bharat earth movers ltd. V. Bhagyamma by l. r. , 1975 ACJ 113 (karnataka ). The first decision is of the Bombay high court and second decision is of this court.