GHASIRAM MOTIRAM KULMI Vs. NANNIBAI NATHULAL

JUDGEMENT

(1.) The appellants, who are the residents of Mouja Kodaria engaged the services of a mason named Nathulal for plastering a wall of a well. The welt had already been dug and was deeper than 20 feet below the ground level. While Nathulal was engaged in plastering a newly constructed wall of the well a portion of it fell down and he sustained injuries in that accident and died as a result. An application was thereupon submitted by the wife and the mother of the deceased for compensation under the provisions of Workmen's Compensation Act before the Commissioner appointed under the Act. The claim was opposed by the appellants on the ground that the said mason Nathulal was not a workman within the meaning of the term as used in the Act and as such the respondents were entitled to no compensation. There were other contentions raised besides this but the same are no longer material in view of the only point pressed in this appeal as to the deceased Nathulal being a workman under the Act, which the Commissioner found against the appellants.

(2.) Mr. Pandey who appeared for the appellants contended that Nathulal could not be said to be a workman as contemplated under the Act as he was not a person engaged for 'making an excavation' nor can it be said that his employment was not of a casual nature.

(3.) On the other hand Mr. Maharshi for the respondents contended that he would be a workman as defined in Section 2 (n) of the Workmen's Compensation Act as he in the present context falls under Clause XVI of Schedule II of the Act. The learned counsel relied upon the decisions reported in Popatlal v. Bai Lakhu, AIR 1952 Sau 74, Sitharam Reddiar v. Ayyaswami, AIR 1956 Mad 212 and Ramnivas v. Mt. Mariam, AIR 1951 Pat 260, in support of his contentions.