LARSEN AND TOUBRO LIMITED Vs. BOGALAKSHMI

JUDGEMENT

(1.) The appeal is filed by M/s. Larsen and Toubro Limited under Section 30 of the Workmen's Compensation Act challenging the Order passed by the Commissioner, Workmen Compensation in WC No.91 of 1994, dated, 14-3-1995.

(2.) Relevant facts leading to the filing of the case can be referred to herein.

(3.) Appellant-company has a branch at Visakhapatnam. For the purpose of making upper deck roofing and false ceiling work it was entrusted to the Contractor M/s. Air Cooled Insulations, the 4th respondent herein. The deceased- workman was working as a Carpenter under the 4th respondent. While so, he was attending to the work at the Branch Office of the Appellant, he met with an accident on 26-12-1993 and consequently he was shifted to the hospital, where he succumbed to the injuries. The dependants of the deceased laid a claim under the provisions of the Workmen's Compensation Act before the Commissioner for Workmen Compensation. The claim was resisted by the appellant herein stating that the deceased was not a workman as defined under Section 2(m) of the Workmen's Compensation Act and that the accident has not arisen out of and in the course of employment. That M/s. Larsen and Toubro, the appellant is not liable for payment of compensation. Alternatively also they pleaded that if any amount awarded as principle employer against the appellant, indemnification ought to have been made against the 4th respondent-Contractor, which is mandatory under Section 12 of the Act.