DEVI Vs. PRABHAKAR

JUDGEMENT

(1.) THE legal representatives of the deceased Sukumar Lengade have preferred this appeal under Section 30 (1) of the Workmen's Compensation Act, 1923 (for short, the 'act'), calling in question the legality and validity of the judgment dated 21-1-2002 passed in No. WCA/sr-9/2001 on the file of the Commissioner for Workmen's Compensation, Belgaum (for short, the 'commissioner' ).

(2.) FACTS in brief are: one Sukumar Lengade is said to be an employee of M/s. P. I. Angadi and Commercial Engineers, the 1st respondent herein, on a monthly salary of Rs. 8,000/-, as a Fabricator Supervisor. The 1st respondent was a recipient of a contract by the 2nd respondent for the construction of a bus depot of K. S. R. T. C. at Raibag. While Sukumar Lengade was at the construction site, at about 4. 10 p. m. , on 3-8-1999 the steel structure which was lifted to the roof, fell on the deceased, sustained grievous injuries and succumbed to the same on the spot. The legal representatives of the deceased being the widow and two minor children got issued a legal notice dated 13-11-2000, through their Counsel, calling upon the proprietor P. I. Angadi and Commercial Engineers as well as the Depot Manager of K. S. R. T. C. , Raibag, the respondents 1 and 2 herein, respectively, demanding the payment of Rs. 1,50,000/- as compensation together with interest at 8% per annum. The respondents having failed to make the payment, the legal representatives of the deceased were compelled to file an application before the Commissioner for compensation, which was numbered as WCA/sr-9/2001. The respondents, on notice, entered appearance and filed their statement of objections resisting the claim.

(3.) THE Commissioner, on the basis of the pleadings of the parties framed the following two issues: