K S E BOARD Vs. SUNDARAM ESTATE

JUDGEMENT

(1.) The Kerala State Electricity Board (the "Board") is the appellant. It challenges the order of the Commissioner for Workmen's Compensation (the "Commissioner") in W. C. C. No. 19 of 1980 holding that the first respondent, the employer, was liable to pay the workman (the second respondent in this appeal) a sum of Rs. 18,816/- as compensation under S.4(c) read with S.3 and Part.2 of Schedule.1 and Schedule.4 of the Workmen's. Compensation Act, 1923 (the "Act") and that the employer was to that extent entitled to be indemnified by the Board. This order is challenged only in so far as the Board has been held liable to indemnify the employer.

(2.) Appearing for the Board, Shri. K. P. G. Menon challenges the jurisdiction of the Commissioner. He contends that the alleged right of the employer to be indemnified by a stranger like the Board is a matter for determination by a civil court, and not by recourse to the summary procedure under S.12(2) of the Act. He, however, submits that the finding of the Commissioner that the injury was caused to the employee by an accident arising out of and in the course of his employment and that the employer was liable to compensate him in the sum determined by the Commissioner is not questioned.

(3.) The accident occurred on 10-9-1979 at about 9 A. M, when the workman in the course of his employment went on an errand on behalf of his employer. As he came cut of the Estate he stepped on a live stay wire attached to an electric post belonging to the Board, as a result of which his left hand was gravely burned and it had to be amputated just below the shoulder leaving a stump of less than 8 inches. This was when the workman was 23 years of age and earning monthly wages at Rs. 184-60.