VISHRAM JETHA Vs. SHERAJ BAI

JUDGEMENT

(1.) THIS appeal has been filed by the Contractor M/ s Vishram Jetha and Sons being aggrieved by the award of the Commissioner under the provisions of Workmen 'sCompensation Act, 1923 dated 23rd October, 1991 whereby of Rs. 58,240/ - in favour of the claimants Smt. Sheraj Bai W/o Sh. Mazid Khan on account of death of her son Mukhtyar Hussain alias Guddu while he was working on 28th July, 1988 as workman in the course of execution of works contract by the appellant -contractor for the Railways.

(2.) THE claimants lodged a claim of Rs. 6,32,000/ - before the Compensation Commissioner and after recording evidence, the Compensation Commissioner held that the workman was in the employment of the present appellant - contractor and determined the compensation of Rs. 58,240/ - to be paid by the said contractor.

(3.) MR . Gehlot, learned Counsel appearing for the appellant submitted that under Section 12 of the Act, the Principal Employer i.e. Railways would be liable to pay said compensation as the appellant - contractor was merely a Contractor executing the said works contract for the Railways and therefore, on the death of the workman, the said principal employer would be liable to pay such compensation. He however, submitted that as per sub -section (2) and (3) of said Section 12, the principal employer could recover such compensation from the contractor. He relied upon the decision of this Court in the case of Sampat Lal Kothari V/s. RSEB and Ofs., S.B. Civil Misc. Appeal No. 4/1994 decided on 18th October, 2002 and submitted that the Workmen Compensation Commissioner had erred in directing the present contractor to pay said compensation.