Hari Shankar, J. - (1.) THIS appeal by Nathoo contractor has been filed under Section 30 of Workmen's Compensation Act.
(2.) THE facts of the case lie within a narrow compass. In the factory area of Diwan Sugar Mills Sakoti district Meerut, certain repairs were required to be made in the chimney of the Mill. For doing this work, the mill authorities contracted with Nathoo who was to carry out the repairs on contract basis. Nathoo employed his PWP men to do this Work, and one of them was Kishan Lal, husband of Smt. Parbhati. While he was doing the work of (sic) steel chimney plates, he lost his balance and fell down, from a height of 80 feet. His death was instantaneous . Smt. Parbhati filed a claim for compensation against Diwan Sugar Mills who denied their liability. It was further pleaded on behalf of the Sugar Mills that under the terms of the agreement with Nathoo, he was liable for the compensation and not the mill.
(3.) NATHOO contractor took the position that he was merely an agent of the mill, and that the liability for the accident did not fall on him but on the mill.;