DECISION This appeal has been filed under section 30 of the Workmen's Compensation Act against the order of the Commissioner allowing compensation to Akbar Khan, respondent^. 1.
2. The appellants are running a Mill at Naushero (N.-W.F. P.) for the manufacture of cloth and yarn with branches at different places. In order to export the cloth and yarn abroad, the appellant entered into contract with Muhammad Iqbal respondent No. 2. Consequently the respondent No. 2 employed Akbar Khan and other labourers. The respondent No. 1, during the course of the employment sustained an injury. He obtained a Medical Certificate from Dr. Aftab Ahmed, who assessed the loss of earning capacity at 30%. After obtaining the Certificate claim was filed before the Commissioner.
3. The application was resisted by the appellant and it was pleaded that respondent No. 2, who was the Contractor, was liable to pay the compensation. A notice in Form 'K* was served upon the respondent No. 2 and had also appeared before the Commissioner but subsequently remained absent. The learned Commissioner after recording the evidence held that respondent No. 1 was entitled to claim compensation from the appellant in view of the provision of Section l2 of the Workmen's Compensation Act and the appellant could be indemnified by respondent No. 2. Aggrieved by this the present appeal was filed.
4. Mr. Abdul Majeed Khan, Export Incharge has appeared on behalf of the appellant Mr. S A. Chana, Advocate, has appeared on behalf of respondent No. 1 while respondent No. 2 is present in person. After hearing them I am of the view that the order passed by the learned Commissioner calls for no interference. It is an admitted position that respondent No. 1 was employed as a Labourer by respondent No. 2, to whom the contract of the clearing and forwarding of the goods of the appellant was given. It is also an admitted position that the injury by the respondent No. 1 was sustained by accident arising out and in the course of employment. Consequent-1 ly the appellant is liable to pay compensation and he shall be entitled to beM indemnified by respondent No. 2 in view of the provision of section l2 of| the Workmen's Compensation Act.
5. In the circumstances the appeal is dismissed. *