The respondent in W.C.No.144/1997 is the appellant in the above appeal. For the sake of convenience, the parties are referred to as per their ranking in the claim petition.

2. The facts necessary for the disposal of the appeal are as follows:

According to the petitioner/first respondent herein was working as a Mason under the first respondent for two years and the first respondent had undertaken a construction work for the third respondent and on 07.11.1996 when the petitioner was working as a Mason in the building of the third respondent, a bullock cart carrying water tank hit against scaffolding and the petitioner fell down over the electric wire and sustained serious injuries. According to the petitioner he was aged about 29 years and was earning an income of Rs.3,900/- per month.

3. The first respondent filed a counter statement denying the averments contained in the claim petition. It was contended by the first respondent that he was not aware of the accident as he was not present at the time of accident and he was not aware of the age and income of the petitioner. The third respondent had engaged second respondent to construct his building and the petitioner was emp