E. PADMANABHAN, J.

This appeal has been preferred by the Dean, Agricultural College and Research Institute challenging the award of compensation by the Commissioner of Workman Compensation (Deputy Commissioner of Labour) Madurai in W.C. Case NO: 169 of 1994 ordered on 7.4.1995.

2. Heard Mr.S.Jayaraman, learned counsel appearing for the appellant Mr.Umapathy for Mr.S.Silambannan for the first respondent and Mr.R.Parthipan, for the second respondent and Mr.N.Doraiswami for the third respondent. With the consent of counsel on either side the appeal itself is taken up for final disposal. For convenience,the parties will be referred as arrayed before the tribunal below.

3. The dependent of late Sikkandar moved W.C.No: 169 of 1994 claiming a compensation of Rs.87,388/= against N.Mani, Contractor and the Dean, Government Agricultural College respectively being opposite parties 1 and 2. It is the appellant's case that the opposite party No.1 engaged the deceased Sikkandar in the construction of Ladies Hostel for the Government Agricultural College at Killikulam Tuticorin District. While working as Mason on 8.12,1993 the deceased fell down from the scaffolding which was of the heig