Rajamannar, J.

1. The plaintiff is the appellant. He was a contractor under the Public Works Department and entered into a contract (Ex. D-18) on the 29th February, 1940, for doing some work on the Nidadavole-Chettipet Road. It is said that during the execution of this work a cooly named Subbadu slipped and fell into a canal and got drowned on the 9th April, 1940. This accident was reported to the Commissioner appointed under the Workmens Compensation Act, under Section 10-B of the said Act. The Commissioner issued a notice on the 6th May, 1940, to the Chief Engineer to the Government to submit a statement of particulars and also make the necessary deposit as provided under Section 10-A (2) of the Act. The Chief Engineer replied disclaiming liability to pay any compensation on the ground that the cooly accidentally fell into the canal and died on account of epileptic fits that he was suffering from. Subsequently, however, on further correspondence between him and the Commissioner, the Chief Engineer admitted liability in his letter dated 4th September, 1940, whereupon a compensation of Rs. 500 as fixed by the Commissioner was remitted to be paid over to the dependants of the