1. Challenging the order passed in W.C. No. 73 of 2011 on the file of Workmen Compensation Commissioner/Deputy Commissioner of Labour, Coimbatore, the 1st respondent in the Workmen's Compensation Case has filed the above Civil Miscellaneous Appeal.

2. The respondent 1 to 4/claimants have filed the Workmen's Compensation Case claiming compensation for the death of one Christopher during the course of employment.

3. The brief case of the respondent 1 to 4/claimants is as follows :

(i) According to the respondents 1 to 4/claimants, on 24.11.2010 at about 2.00 p.m., as per the direction of the appellant, the deceased Christopher installed solar water heater at the 5th respondent's premises and was checking the functioning of the solar water heater. At that time, he fell down from the 4th floor of the building and sustained grievous injuries. The police registered a case in Crime No.1850 of 2010.

(ii) The said Christopher was taken to Gokulam Hospital for first aid and thereafter, for further treatment, while he was taken to Kurinchi Hospital, Coimbatore, he died on the way. The body of the deceased was taken to Government Hospital, Coimbatore of post mortem.

(iii) According to the claimants, the deceased had died during the course of employment. Hence, the appellant and the 5th respondent are liable to pay the compensation.

4. The brief case of the appellant is as follows :-

(i) According to the appellant, there is no jural relationship of employer-workman between themselves and the deceased Christopher. According to the appellant, it is a company engaged in the manufacture, sale and installation of solar water heaters on job orders received from the customers. The installation and the operation of water heaters are done by the company itself in the premises of the purchasing concerns. The job of the respondent would complete, after the installation and commissioning of water heaters. Thereafter, when any technical snag in the system, such as, blockage of water, etc., occurs, the purchasing parties request the appellant to inform them of the telephone numbers of the mechanics, who can attend to such snags, since it is a specialized product and an ordinary technician cannot attend to such snags. The mechanics have furnished their contact numbers with the appellant and at the time of installation, the appellant furnishes the contact telephone numbers of few mechanics to the purchasing parties, who, in turn, choose among them a mechanic of their choice, engage them for work and pays the charges therefor.

(ii) The appellant has no nexus with the mechanics and has nothing to do with such repairing work with such mechanics. The deceased Christopher was also a professional mechanic attending such work in various organizations. The appellant neither engages the mechanics for repair work nor pays any wages.

(iii) The 5th respondent purchased the solar water heater from the appellant on 20.11.2010 and the same was installed on the same day. Subsequently, on 23.11.2010, the 5th respondent requested the appellant to give the contact numbers of mechanics alleging some technical snags in the system. The appellant furnished few phone numbers of mechanics including that of Christopher. The appellant was unaware whether the 5th respondent engaged Christopher or not.

(iv) The appellant was informed on 24.11.2010 at about 2.00 p.m. that the 5th respondent had engaged Christopher for repairing the solar water heater. While so, the said Christopher attempted to jump from the 4th floor to commit suicide. The appellant came to know on enquiry that Christopher s in a dejected mood on 24.11.2010 and therefore, attempted to commit suicide. When the persons present were few feet away from him, jumped from the 4th floor of the 5th respondent hotel and suffered injuries and he succumbed to injuries.

(v) According to the appellant, the said Christopher was taken to Gokulam Hospital for first aid and thereafter, for further treatment while he was taken to Kurinc