(Appeal under Sec.30 (1)(a) of the Workmen's Compensation Act 1923 (Act 8 of 1923) as stated therein.)

K.P. Sivasubramaniam, J.

The Civil Miscellaneous Appeal is directed against the order of the Deputy Commissioner (Labour) for Workmen's Compensation, Tirunelveli dated 15.9.1995 in W.C.No.13/94.

2. The first respondent herein filed a Claim Petition before the Deputy Commissioner of Labour, Workmen's Compensation seeking compenstion of Rs.89,600/- from both the principal employer/the appellant herein and the contractor/the 2nd respondent herein. According to him, he was engaged by the contractor while carrying out the construction work relating to the appellant. On 1.9.1992, while he was carrying out work in the Trust, in connection with the work of digging a well, he was employed. While he was getting down steps into the well, the steps gave a slip. As a result of which, he fell down and sustained grievous injury. He was earning Rs.40/- per day and as a result of the accident, he had suffered disability at 80%. Based on this calculation, the claimant sought for compensation of Rs.89,600/-.

3. In the counter statement filed by the contractor, the manner of the injury sustai