SRI S KRISHNA AIYAR Vs. SUPERINTENDING ENGINEER, PWD

JUDGEMENT

(1.) This appeal is against the order of the Commissioner for Workmen's Compensation, Madras, directing the appellant to indemnify the respondent who will hereafter be referred to compendiously as the Government, in respect of a sum of Rs. 1,800 paid by the latter to the widow of a workman under the provisions of the Workmen's Compensation Act, 1923.

(2.) The appellant is an engineering contractor. By a contract with the Government he undertook to form a link road between Aminjikarai and Villivakkam. For the purpose of this contract the appellant had to transport what are described as soling stones from a quarry at Chikarayapuram to the workspot. In respect of the transport of these stones, the Government agreed to hire out their lorries with drivers to the appellant for Rs. 45 per lorry per day for a run of 75 miles. The wages of the drivers, the taxes payable in respect of the lorries and all running and maintenance charges were to be borne by the Government. One of the lorries met with an accident on the evening of the 25 of November, 1944, at Maduravayal on the Great Western Trunk Road resulting in the death of the driver Raju on the 28 following. His widow made a claim for compensation tinder the Workmen's Compensation Act. The Government accepted the claim and paid the amount claimed, Rs. 1,800 to her on the 18 of May, 1945. Notice of these claim proceedings was not given to the appellant. The Government subsequently called upon the appellant to reimburse them in the amount that they had paid. When the appellant refused, the Government filed an application under Section 12(2) of the Workmen's Compensation Act and obtained an order in their favour and this appeal, as already stated, is against that order.

(3.) On behalf of the appellant, Mr. Sangameswara Aiyar has taken three points. I shall deal with them seriatim.