YOUSUF Vs. UNNIKRISHNAN

JUDGEMENT

(1.) The appellant is the second opposite party in a proceeding under Section 22 of the Workmen's Compensation Act, 1923 (renamed as Employee's Compensation Act, 1923) (hereinafter referred to as 'the Act').

(2.) The claimant laid the claim alleging that while he was working as a concrete worker in a construction company of a building and being employed by the appellant and the first opposite party, he suffered an injury and accordingly he claimed compensation. The Commissioner noticed various injuries, took note of medical evidence tendered through AW2 and Ext.A3 disability certificate and found that the claimant had suffered 35% loss of earning capacity and fixed the amount of compensation at Rs. 1,21,649/-. Both the appellant and the first opposite party were jointly and severally liable that they deposit the aforesaid amount at 12% interest from the date of accident. In the course of the order, the Commissioner found that the appellant was a workman as defined under Section 2(1)(n) of the Act and there was an employee/employer relationship between the opposite parties.

(3.) Being aggrieved by the same, the appellant is before us. He purportedly raised the following questions of law :-