MINERALS AND CHEMICALS Vs. THEVAN

JUDGEMENT

(1.) THESE two appeals arise from the common judgment of Sub Court, Ernakulam is O. S. Nos. 604/1983 and 124/1984. Compensation due to the death of two workers employed in a quarry was claimed in these suits. Plaintiffs in O. S. 604/1983 are the parents of one Velayudhan who died due to sliding of earth while he was engaged in removing earth, plaintiff in the other suit is the father of another employee of the same name. He too died in the same manner.

(2.) THE allegations in both the plaints are identical. The deceased employees were engaged in the work of removing earth on April 30, 1982 at the work spot near Thrikkakara Pipe Line Road. First defendent is alleged to be the lessee of the mine of quarry and 2nd defedant is the contractor. While the two workers were engaged in work, mud fell on them and they died. The accident is alleged to have occurred due to lack of care on the part of defendants and insufficiency of safety measures required to be provided by them. Plaintiffs are the dependants of the deceased. In each of the suits an amount of Rs. 100000/- is claimed as compensation.

(3.) FIRST defendant resisted the suit and contended that he had not given any contract to 2nd defendant and that he had not employed the deceased persons. Second defendant used to sell earth to various parties and 1st defendant had purchased earth form him for which price was paid. He is not in anyway connected with the place from where earth was excavated. He therefore disclaimed liability to pay any compensation. It was further contended that the court is not the proper forum for claiming compensation for workmen's demise. The correctness of the amount claimed was also disputed. Second defendant in his written statement contended that he was only a labourer under Alwaye Minerals and Chemicals, that he was not having any mineral licence, that he was only acting in accordance with the directions of the 1st defendant, that he had not worked as a contractor under the 1st defendant and that he is not liable to pay compensation. The allegation that the accident happened due to negligence on the part of defendants was denied. According to him the deceased were working as employees of 1st defendant. This defendant therefore disclaimed liability to pay any amount. The suits were tried jointly. Documents were marked and evidence taken in O. S. 604/1983. By a common judgment both the suits were decreed. Defendants were found liable to pay an amount of Rs. 50,000/- in equal halves in each of the suits. These two appeals filed by the 1st defendant are directed against that judgment. Since the appeals arise from a common judgment, they are heard jointly and are being disposed of by this common judgment.