REGIONAL MANAGER, FOOD CORPORATION OF INDIA Vs. U. SABIYA BEEVEES AND ORS.

JUDGEMENT

(1.) THIS appeal is by the Regional Manager of the Food Corporation of India against the judgment of the Workmen's Compensation Commissioner awarding a compensation of Rs. 19,200/ - against the Appellant, who was the first opposite party before the Commissioner for Workmen's Compensation. Such compensation was awarded under the Workmen's Compensation Act on account of the death of one Abdul Khader Ahammed Kunju while engaged in the work of stacking rice bags in the Food Corporation godown at Trivandrum. The accident occurred on 31 -7 -1976 by the stacked bags falling over the workman while he was working. The fact that the accident took place in the course of employment is not disputed. " There is no dispute also with regard to the wages of the workman. The only contention is that while the Regional Manager of the Food Corporation of India has been made liable as principal under Section 12(1) of the Workmen's Compensation Act, the Commissioner has failed to order indemnity in favour of the first opposite party, the Appellant, as required by Section 12(2) of the said Act. That is the only point with which we need concern ourselves.

(2.) THE liability of the first opposite party was only as a principal under Section 12(1) of the Act. There is no case that the deceased workman was employed by the first opposite party directly or through the second opposite party, the contractor. The first opposite party had entered into a contract with the second opposite party with regard to the work that was carried out by the deceased workman and others. It was while he was carrying out such work that the accident took place. Even so, as the principal, the first opposite party is liable under Section 12(1). Section 12(2) gives a right to a principal to seek indemnity against the contractor. That section reads:

(3.) IN the circumstances, we see no reason to interfere with the judgment of the Workmen's Compensation Commissioner. Hence the appeal is dismissed, but in the circumstances we direct the parties to suffer their costs.