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1974 Supreme(Ker) 249

P.S.POTI, P.J.AMMA
Lockhart Estate – Appellant
Versus
Kaliappan – Respondent


JUDGMENT

P. Subramonian Poti, J.

1. These appeals are from two orders of the Commissioner for Workmen Compensation, Ernakulam. A.S. Nos. 3 and 125 of 1974 are by the first opposite party and the second opposite party respectively in Workmen Compensation Case No. 556 of 1969 while A.S. Nos. 5 and 124 of 1974 are by the first opposite party and the second opposite party respectively in Workmen Compensation Case No. 486 of 1969. The short facts necessary for these appeals are these: The first opposite party, the Superintendent of the Lockhart Estate, Devicolam had engaged the second opposite party, Sri Vakko for the purpose of constructing cooli-lines in the estate. The said Vakko had engaged labourers to carry out the work of construction. In the course of such work, two workmen were injured by the blasting of stones. One died and another lost 4 fingers of his left palm. The injured workman and the heir of the deceased workman moved the two applications before the Workmen Compensation Commissioner claiming compensation under the Workmen Compensation Act. In both the applications, the Superintendent of the Estate was made opposite party. In W.C.C. 486 of 1969, the Superintendent of the

























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