GOVINDAN NAMBIAR N V Vs. JANAKI

JUDGEMENT

(1.) Is there any conflict between the two Division Bench decisions of this court in Payyannur Educational Society v. Narayani ( 1995 (1) KLT 621 ) and in Easow Easow v. Rajan Kallippara Thekkeveetil and Another ( 1999 (1) LLJ 263 ) Has the Commissioner under the Workmens Compensation Act, 1923 erred in holding that the appellant was liable to pay compensation to respondents 1 to 7 These are the two short questions that arise for consideration in this appeal. A few facts as relevant for the decision of this case may be briefly noticed.

(2.) On August 5, 1987, the appellant and the ninth respondent executed an agreement. It is Ext.B7 on the record. By this agreement, the appellant gave his land comprised in R.S.50/2, situated in Keezhalloor Amsom on lease for a period of three years commencing from August 6, 1987 to the ninth respondent. Resultantly, the ninth respondent was entitled to quarry and take stone out of the land by engaging coolies for a period of three years.

(3.) It appears that the ninth respondent had started the work of quarrying granite from the land. On December 2, 1987, blasting was being done. There was a heavy vertical landslide. A heap of granite stone virtually buried the body of Sri. K.V. Kumaran, who was working as a cooly. He was taken to the Government hospital and then to the Medical College. Despite effort, he could not be saved. The quarry proved to be his grave.