SURJYA BARIKA Vs. BHASKAR SAHU

JUDGEMENT

(1.) THE judgment dated 23rd July, 2003 passed by the in W.C.Case No.26 of 2000 before the Workmens Compensation Commissioner, Ganjam Berhampur is assailed in this appeal.

(2.) RESPONDENTS 1 and 2 had filed the aforesaid W.C.Case claiming compensation against the present appellant, who was a railway contractor, and the General Manager, South -Eastern Railway, pro forma respondent No.3, for the death of their son Hiramani Barika on 10th September, 1999 in an accident arising out and in course of his employment on 10th September, 1999 at about 3 p.m.

(3.) THE appellant as well as the pro forma respondent No.3 who were opposite parties 1 and 2 respectively in the W.C.Case after receiving notice filed their written statements. The appellant took the stand that he was only a contractor under pro forma respondent No.3. He had neither employed Hiramani nor was he a workman under him. He further stated that he had no knowledge about the alleged accidental death and that he was not executing any work on the railway track at Rikapalli on loth September, 1999 where the alleged accidental death occurred.