The principal employer is statutorily liable under Section 12 of the Employees Compensation Act, 1923, to pay compensation to a worker engaged through a contractor for work that is part of the principal's business, regardless of the absence of a direct master-servant relationship.

JUDGMENT

Heard Sri Veda Vikas Mudiraj Vuppari, learned Standing Counsel for PJTAU appearing for the appellants, Sri Ch.Indrasena Reddy, learned counsel appearing for respondent No.2 and perused the material available on record.

The present appeal is filed assailing the order dated 29.08.2022 passed in E.C.No.2 of 2019 on the file of the learned Commissioner for Employees’ Compensation and Assistant Commissioner of Labour, Rangareddy (for short ‘the Commissioner’).

The facts leading to file the present appeal are that late Smt.K.Manisha, wife of respondent No.2/applicant was working as casual labourer under the employment of the appellants since long time. On 07.07.2017 at 13.15 hours, when the deceased along with others was discharging her duty, accidentally, she was bitten by a poisonous snake and immediately, she was shifted to nearby private hospital at Bodhan through University ambulance by the co-workers. Thereafter, upon examination, she was declared as died. Basing on the incident, the police registered a case in Crime No.26 of 2017. Further, it was stated that the deceased at the time of the incident, was paid with a wage of Rs.9,000/- per month and aged about 25 years. Thereby, the respondent No.2 made a claim made before the learned Commissioner for grant of compensation amounting to Rs.15,00,000/- along with interest.

The appellants filed a counter stating that the deceased worked on outsourcing basis through contractor for certain seasonal agricultural operations and there is no master and servant relationship between the appellants and deceased. It was further contended that the post-mortem report does not match with respect to the cause of the incident. The appellants, thereby, denied the liability against the deceased.

Basing on the material available on record, the learned Commissioner framed the following the issues for consideration:

“1) Whether the deceased died due to snake bite in the accident on 07.07.2017 during the course and out of her employment as labourer under the employment of the opposite parties?

2) What is the amount of compensation entitled by the dependants of the deceased?”

Before the learned Commissioner, on behalf of the respondent No.2/applicant, the applicant was examined as AW1 and Exs.A1 to A5 were marked.On behalf of the appellants- University, RW1, who is the principal scientist was examined.

The learned Tribunal, upon examination and considering the various contents including the wages received by the deceased at the time of the death, awarded the compensation of Rs.8,72,376/- with interest @ 12% per annum on the amount of compensation from 08.08.2017 till the date of realization.

Learned counsel for the appellants vehemently contended that the deceased was employed on outsourcing basis through contractor for a certain seasonal agricultural operations and as such, there is no relationship of employer and employee existing between the appellants and the deceased. Secondly, the learned Commissioner committed a grave error in recording a finding that the deceased died during the course of employment in the absence of any evidence. Thereby, the appellants are not liable for payment of compensation in terms of Section 3 of the Employees Compensation Act,1923.

Learned counsel further contended that the learned Commissioner erred in not considering the crucial fact that the post-mortem report does not reveal that the deceased died due to snake bite.

Learned counsel appearing for the respondent No.2 contended that it is an admitted fact that the death of the deceased caused during the course and out of her employment and further draws attention of this Court to the explanation of the RW1 wherein RW1 has admitted that the deceased was performing her duty with the appellants and while she was performing her duty, she was bitten by a snake. Further, as per the record, on 07.07.2017 at 13.15 hours, while the deceased was