JAYDOOR INDUTRIES PRIVATE LIMITED Vs. SURESH KUMAR KANJAN

JUDGEMENT

(1.) This appeal under section 30 of the Workmens Compensation Act, 1923 is directed against the judgment/order/award dated 7.6.2001 of the Workmens Compensation Commissioner, Alwar in Case No. WCA/NF/26/98. Under this judgment/order/award the Workmens Compensation Commissioner has awarded to the claimants the compensation of Rs. 41,960. This compensation has been awarded for the injury which has been suffered by the claimant-respondent No. 2 in the accident arising out of and during the course of his employment. Learned counsel for te appellant raised only contention that the injured was the employee of the contractor and for the injury which is sustained in the course and during the employment for which liability to pay compensation is of the contractor who is his employer.

(2.) Ms. Manju Dave, learned counsel for the claimant-respondent submitted that the claimant sustained injuries while working for the appellant on his machine.

(3.) Having given my thoughtful consideration to the submissions made by learned counsel for the parties, I am in agreement with the contention raised by Ms. Dave. The matter may be in between the contractor and the employer, but so far as the amount of compensation for which the injured was entitled for the injury caused to him during the course of his employment, i.e., working on the machine of the appellant, he being the principal employer he has to make the payment of amount of compensation and if he so desires may recover the same from the contractor. In this appeal no question of law much less substantial question of law arises which calls for interference of this court.