ADMINISTRATOR OF INDORE NAGAR PALIKA NIGAM Vs. RANNSINGH

JUDGEMENT

(1.) THIS civil miscellaneous appeal is directed against the judgment of the Commissioner for Workmen's Compensation, Indore (Labour Court) in Case No. 4/w. C. Act/78-Fatal.

(2.) THE acts leading to this appeal, in short are that one Rannsingh and Bhura, wife of Rannsingh, had filed an application under Section 10 of the Workmen's Compensation Act before the lower Court claiming compensation of Rs. 13,500/- on the ground that the Municipal Corporation, Indore owns the Nehru stadium and the land adjacent to the stadium. On the land adjacent to the stadium the Corporation decided to construct a badminton hall, the construction of which started in the month of April, 1977. The contract for the construction of the aforesaid hall was given to respondent Nos. 3 and 4. That one Suratiya was employed as a labourer by the contractors and while working as such labourer he fell down from the scaffolding due to which he received injuries to which he succumbed. The monthly income of the deceased was Rs. 150/ -. Therefore, the death of the workman having been caused during the course of employment, the application was filed by the legal heirs of the deceased against the present appellant and respondent Nos. 3 and 4.

(3.) THE lower Court after recording the evidence allowed the application holding that the contractors and the Municipal Corporation are jointly and severally liable to pay the compensation to the applicants. It was further held that the Municipal Corporation is entitled to be indemnified by the contractor Kailashchandra. The contractors have not filed any appeal. However, the Administrator of the Municipal Corporation has filed this appeal aggrieved by the impugned judgment holding the Municipal Corporation responsible for paying the compensation.