STATE OF MAHARASHTRA Vs. MAHADEO KRUSHNA WAGHMODE

JUDGEMENT

(1.) THE State of Maharashtra (Original Opponent No. 2) has preferred this appeal against the order dated 1st April 1985 passed by the Commissioner for Workman's Compensation an Judge, 1st Labour Court, Solapur in Application (W. C.) No. 1 of 1984. By the said order, the Appellant was directed to pay a sum of Rs. 19,200/- by way of compensation to the respondent No. 1 (Original Applicant). The Learned Commissioner also issued certain consequential directions while passing said order.

(2.) ON 22nd November, 1983, Smt. Parvatibai, wife of Mahadeo Krushna Waghmode was working with the contractor Lingapa Hanmantu Vakital in respect of the construction of E. S. I. S. Hospital at Solapur. The Executive Engineer, E. S. I. S. Hospital, Solapur had awarded the contract for construction work to the said Lingapa Hanmantu Vakital. Smt. Parvatibai died as a result of an accident which took place while Parvatibai was working on the said project. Smt. Parvatibai was getting Rs. 12/- per day an by way of remuneration from the Contractor i.e., Respondent No. 2 herein. Mahadeo Krushna Waghmode made a claim for compensation against both the Opponents in sum of Rs. 50,000. -

(3.) IT is well settled that the principal employer is liable to pay the amount of compensation for the injury suffered by the workman as a result of accident arising out of and in course of employment of the workman. If the Executive Engineer claims to be indemnified by the contractor in respect of compensation payable to the workman or his dependents, it is for Executive Engineer to adopt appropriate proceeding if so advised. The original applicant was entitled to recover the amount of compensation from the applicant therein. The quantum of compensation is correctly computed by the learned Commissioner in conformity with the provision contained in Workmen's Compensation Act, 1923.