Law:

Section:

Workmen's Compensation Act (VIII of 1923)-- ---Ss. 10, 12(2) & 30--West Pakistan Workmen's Compensation Rules, 1961, R.41--Compensation--Indemnification--Principal and contractor responsible for indemnification, both party to proceedings for compensation before Commissioner--Commissioner, in circumstances, was bound to decide question of indemnification as per S. 12(2) and R. 41 of West Pakistan Workmen's Compensation Rules, 1961 requiring Principal to apply for indemnification, would not be applicable in such cases--Order of Commissioner accordingly modified in appeal making respondent contractor liable to indemnify appellant Principal to the extent of compensation awarded by Commissioner. Abdul Rab for Appellant. Nasimullah for Respondent No. 1. Nemo for Respondents Nos. 2 and 3. Date of hearing: 5th February, 1989. JUDGMENT This is an appeal brought under section 30 of the Workmen's Compensation Act, 1923 against the decision dated 10-10-1988 recorded by the learned Commissioner Workmen's Compensation, Rawalpindi. Respondents Nos. 2 and 3 did not appear. in spite of service, so the appeal is being decided ex parte against them. The facts giving rise to the appeal captioned above are that Abdul Gham Butt was an employee of the appellant and he met with an accident on 14-9-1988, resulting in his death while he was working for the appellant under MA. Khan, respondent No. 2 contractor. The widow of the deceased namely Ghulam Sughra, respondent No. 1 brought an application for compensation which was opposed by all the three respondents. The case of the appellant is that since he had given the work on contract to respondent No. 2, he was liable to pay compensation to respondent No. 1 for the loss of the life of her husband namely Abdul Ghani Butt. MA. Khan, respondent No. 2 contractor accepted the agreement with the appellant for the construction and also admitted the accident but said that only the appellant was responsible to pay the compensation. Maqsood Ahmed respondent No. 3 took up the plea that m reality Abdul Ghani Butt deceased was not a workman but a co-partner with his (Maqsood's) father Ghularn Rasul and thus his heirs were not entitled to any…

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