AKULI CHARAN DAS Vs. COMMISSIONER FOR WORKMENS COMPENSATION

JUDGEMENT

(1.) Appellant No. 1, a special class contractor, had taken work under the respondent No. 2. Appellant No. 2, the power of attorney-holder, was executing the work on behalf of the appellant No. 1. The respondent No. 4 was engaged as a labourer. He filed claim application before the Commissioner for Workmen's Compensation (hereinafter referred to as 'the Commissioner1), Jeypore, on the allegation that while he was breaking stones under the appellant No. 2 who was a subcontractor of appellant No. 1, he sustained injury on the left eye which was damaged. Thus, he filed the claim application against appellant Nos. 1 and 2 as well as the present respondent No. 2 who had engaged the appellant No. 1.

(2.) The appellant No. 1 in his written statement stated that the injured was a labourer in the tipper belonging to him and had been engaged for the purpose of loading and unloading the boulders in the tipper and he sustained injury while he was breaking the boulders for the purpose of loading in the tipper. It was further claimed by him that the tipper in question had been insured with the insurance company and the compensation, if any, should be paid by the insurance company. The insurance company which was impleaded subsequently filed written statement denying its liability.

(3.) The Commissioner found that the workman had sustained the injury in an accident arising out of and in course of his employment under appellant No. 1 and directed for payment of compensation of Rs. 24,402 along with interest at the rate of 6 per cent from the date of accident. The Commissioner also directed that the appellant No. 1 was liable to pay penalty of Rs. 7,320.