N.C.SHARMA, J. - (1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923, by M/s. Mehta Printing Industries against the judgment dated May 5, 1987 passed by the Workmen's Compensation Commissioner, Pali.
(2.) FACTS in brief are that on November 29, 1984, respondent Lila Devi filed an application before the Workmen's Compensation Commissioner, Pali, for grant of compensation on account of the personal loss sustained by her due to the death of her husband Balkishan in the course of his employment with the appellant. It was alleged by Lila Devi that her husband Balkishan was a workman employed by the appellant on October 6, 1984. Balkishan died on that day as he fell in the well during the course of his employment with the appellant as his duty was to maintain the pipe connecting the well. The monthly wages of the deceased were stated to be Rs. 900/ - and he was 26 years of age at the time of his death. The claim of Lila Devi was contested by the appellant who denied the employment of Balkishan with it. It was pleaded by the appellant that it carried on its cloth printing business in the premises of Sunder Devi which it had taken on rent. It was alleged that one Gyanchand Bhandari had undertaken to repair the pipe fitting connecting the well. This well did not belong to the appellant. According to the appellant, Balkishan was in employment under Gyanchand Bhandari and, therefore, the appellant was not liable for any compensation arising on account of his death during the course of his employment under Gyanchand Bhandari.
(3.) THE Workmen's Compensation Commissioner framed five issues in the case. He came to the conclusion that Balkishan was in employment under the appellant. It was found that the appellant used the water from the well in the premises of Sunder Devi for his printing business purpose. It was stated that Sunder Devi supplied water to the appellant as part of her trade and the appellant was an agent of Sunder Devi when he got the tube -well repaired through Gyanchand Bhandari. On these facts also, it was found that Balkishan was a workman under the appellant. The age of Balkishan at the time of his death was held to be 26 years and his wages were found to be Rs. 30/ - per day. Workmen's Compensation Commissioner determined the compensation amount at Rs. 67,167.30 and made the same payable with interest at 6 per cent per annum to be calculated from October 6, 1984. M/s. Mehta Printing Industries has come in appeal against the judgment.;