( 1 ) THIS is an appeal by a con-tractor who was made liable to indemnify the respondent No. 1 who had been made liable to pay compensation under the Workmen's Compensation Act.

( 2 ) THE matter arose in this way. One Ezad Baksh, a Painter Mistri, sustained injury as the result of an accidental fall from scaffolding, whilst he was painting a factory shed which formed part of the premises occupied by responded No. 1 as their place of business. It appears that the workman's left knee was injured and an operation became necessary and some bones or pieces of bone were extracted. There was evidence that the incapacity which resulted from this accident amounted to fifty per cent.

( 3 ) EZAD Baksh was employed as a painter by the appellant who was opposite party No. 2. That seems to be clear. He however did not claim compensation against his immediate employer, but claimed it against the National Sheet and Metal Works Ltd. , opposite party No. 1 who had employed opposite party No. 2 as a contractor to do the painting work to their factory shed.

( 4 ) IT seems to have been conceded that the accident arose out of and in the course of the employment and therefore the appli