1 This appeal is at the instance of the first opposite patty the Malankara Rubber and Produce Co. Ltd. in W. C. C. 91/93 before the Court of the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Ernakulam. Respondents 1 and 2, the applicants in W. C. C. 91/93 are the parents of one Basheer who died in an accident occurred in the factory building in the rubber estate owned by the appellant. The 3rd respondent herein, the contractor was the 2nd opposite party in W. C. C. 91/93. The applicants filed the application under S.22 of the Workmens Compensation Act as their son Basheer met with an accident and succumbed to the injuries arising out of and in the course of his employment under the 3rd respondent in the work of the appellant. The Workmen Compensation Court awarded Rs. 88,548 and directed the appellant to pay the amount to the applicants and the 3rd respondent was directed to reimburse the appellant. Aggrieved by the above order, the 1st respondent in W. C. C. 91/93 had come up in appeal.

2 The appellant, a Public Limited Company was owning a rubber estate by name Malankara Estate at Thodupuzha and was engaged in the manufacture and the business of rubber in K