KERALA STATE ELECTRICITY BOARD Vs. KUNJAPPAN

JUDGEMENT

(1.) The short question that arises for consideration in this appeal is whether a total stranger to the contractual relationship between the victim of an accident arising out of his employment, and his employer could be made liable to pay compensation under the Workmen's Compensation Act, 1923?

(2.) The above question has been referred for our decision by the Division Bench, doubting the correctness of the dictum laid down by another Division Bench of this Court in an earlier decision, Kerala State Electricity Board v. Sundaram Estate 1987 (1) KLT 425 : 1986 ICO 1352. The said decision has held that even a total stranger could be made liable.

(3.) The factual matrix out of which the above question arises can be summarized as under: Respondents 1 and 2 are the parents of late Sri. M.K. Subhash @ Suma, a construction worker who was electrocuted. The deceased was a concrete worker under the fourth respondent. The third respondent is the owner of a commercial building at Perumpilly Bhagam, Narakkal. She is conducting a small tea shop in the building. She entrusted the fourth respondent with the construction of an additional floor above the existing ground floor of the building. The building is situate in a property having an area of one cent. The work of construction was taken up by the fourth respondent on contract basis. The deceased was his workman. On 23.10.2004 at about 6.45 p.m. while engaged in the construction work on the upper floor of the building, he lifted an iron rod which hit the 11 KV electric line that was passing overhead and was electrocuted. According to respondents 1 and 2, the deceased was 22 years old and was earning Rs. 190/- per day. They claimed an amount of Rs. 9,00,000/- as compensation.