KAVERI STRUCTURALS Vs. BHAGYAM

JUDGEMENT

(1.) This appeal under S.30 of the Workmen's Compensation Act 1923, to be hereinafter referred to as the 'Act', is by the employer and is directed against the award of the Commissioner for Workmen's Compensation, Kolar Sub Divn, Robertsonpet, KGF dt.19-4-1975 in Case FC.19/74 on his file awarding a compensation of Rs.4,800 in respect of the death of a workman, George by name, employed by the appellant.

(2.) It is not disputed that the death, which occurred in an accident of electrocution, was in the course of the deceased's employment. His melhar Bhngyam preferred a claim before the Commissioner for workmen's compensation against the present appellant as well as the Bharat Earth Movers Ltd. The latter having questioned its liability in MFA.360 of 1973, this Court in the said proceedings held that Bharat Earth Movers Ltd, was not liable and the liability, if any, was on the present appellant, pursuant whereto the Commr proceeded to award the said compensation of Rs.4,800 holding appellant liable.

(3.) During the pendency of the said proceedings Bhagyam, claimant, died and one Thangaraj, claiming to be her brother, sought to get himself impleaded in the proceedings as her legal representative. The Commr has held that the said Thangarai is entitled to the compensation in the case. This decision is questioned in this appeal.