A. THANGARAJ Vs. JEENATH PARITHA AND ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant, against the award, dated 10.01.2005, made in W.C. No. 418 of 2002, on the file of Commissioner for Workmen Compensation, Madurai. The appellant has filed W.C. No. 418 of 2002 against the respondents claiming a sum of Rs. 4,76,527.50, as compensation. The said petition was dismissed, on 10.01.2005, by the Commissioner for Workmen Compensation, Madurai. Against the said order, the present appeal has been filed.

(2.) According to the appellant, he was working as Mason under the second respondent. The second respondent was constructing a building for commercial purpose on behalf of the first respondent. The second respondent engaged the appellant and other workers, for construction. They were staying in temporary shed in the construction site. On 10.04.2002, about 8 p.m., under the instruction from the second respondent, the appellant and other workmen were unloading marble stones from the lorry. At that time, the marble stones slided down from the lorry and fell upon the appellant and other workmen, who were standing near the lorry. Due to the said impact, the appellant suffered grievous injuries. He was taken to Ramanathapuram Government Hospital and after first aid, he was taken to Meenakshi Mission Hospital, Madurai, for further treatment. He was taking treatment as inpatient from 11.04.2002 to 24.04.2002, in the said hospital. Due to the injuries suffered by him, he is not able to do work, as previously done by him. The accident took place during and in the course of employment under the second respondent. The first respondent as principal employer and the second respondent as contractor, are liable to pay compensation. Therefore, he claimed a sum of Rs. 4,76,527.50, as compensation, from the respondents.

(3.) The first respondent did not contest the matter. The second respondent filed statement of objections, denying the averments made by the appellant. The second respondent denied that the appellant was not employed by him. He has stated that he is only a Consulting Engineer and he would supervise the construction work. He did not employ any worker. He further stated that the construction work would end at 6 p.m. and the accident had occurred at 8 p.m., after the working hours. The appellant was a loadman of the lorry, which transported marble stones. If at all, the appellant is entitled to any compensation, only the owner of the lorry is liable to pay compensation.