GARRISON ENGINEER (PROJECTS) OFFICER Vs. GUTTAMMA HANMATDAS

JUDGEMENT

(1.) THIS appeal raises the question of interpretation of Section 12(1) read with Section 2(2) of the Workmen's Compensation Act, 1923.

(2.) IT arises as under : The Navy department wanted to abolish its barracks situate at Colaba. For that purpose they entered into an agreement exh. 40 with the firm of auctioneers called 'Gandhi and Co.' on January 23, 1968. Admittedly one padmanabhan being the highest bidder, he started demolition of the buildings. Among others this Padmanabhan had engaged one Chinnayya (exh. 37) and his since deceased brother Hanmatdas. On April 15, 1968 when this Hanmatdas was engaged in demolishing the walls of the military barracks he fell and sustained injuries as a result of which he died on April 28, 1968.

(3.) THE application was resisted by the Garrison Engineer. It was contended on his behalf that he is not responsible and the entire responsibility was of Padmanabhan.