NATHULAL Vs. SUBHADRABAI

JUDGEMENT

(1.) THE Commissioner under Workmen's Compensation Act Indore directed Rs. 3500/ - to be paid by the contractor Nathulal to the heirs of one Sukhram Carpenter who died while working during the construction or repairs of a building used as a canteen for the workers of Malwa United Mills Limited. The premises of the canteen which were being constructed or repaired belonged to the Mills and one Nathulal was given, a contract for that work. Nathulal engaged Sukhram to do some carpenter's job. On 21 -7 -1955 while he was engaged in fixing the wooden frame for the roof of the building a parapet fell upon his back and seriously injured him. He was removed to the hospital where he died on 23 -7 -1955. The heirs of Sukhram submitted a petition for compensation and impleaded both the contractor as well as the Mills.

(2.) THE claim was opposed by Nathulal on the ground that Sukhram was not a 'workman' within the definition of the term as defined in the Workmen's Compensation Act and consequently he was not an employer liable to pay the compensation. Quantum of compensation claimed on the basis of assertion that the deceased earned Rs. 5/ - per day was also not admitted.

(3.) THE learned Commissioner held that deceased Sukhram was a workman within the meaning of the term as defined in the Act, his case is covered by clause (viii) (a) of Schedule II of the Act since the building in question was more than one storey in height above the ground. He further held that the burden of proving, that the height of the building sought to be constructed was 20 feet or more from the ground level to the apex of the roof lay upon the contractor as it was a special thing In the knowledge of opponent No. 2 (Nathulal) and he had failed to discharge that burden and that therefore it remained to be established that the building was less than 20 feet above the ground level. According to him primary liability was that of opponent No. 2 and that therefore it was unnecessary to consider the defence of the Mills that the construction of a canteen cannot be considered to be a part of their trade or business. He consequently held Nathulal liable to pay compensation. As regards the extent of compensation it was found that the deceased earned Rupees 3 and annas 8 per day. He therefore awarded Rs. 3500/ - to the heirs of the deceased. The claim against the Mills was dismissed.