JUDGMENT : Mansoor Ahmad Mir, J. Subject matter of this appeal is the award, dated 20th September, 2012, passed by the Commissioner, exercising powers under the Employees Compensation Act, 1923, (for short, the Act), in case RBT No.8-2 of 2011/2003, titled Giani Devi and others vs. Ashok Kumar and another, whereby compensation to the tune of Rs.3,38,880/- alongwith simple interest at the rate of 12% per annum and costs of Rs.1,000/-, came to be awarded in favour of the claimants and the appellant was saddled with the liability (for short the “impugned award”). 2. The learned Senior Advocate appearing for the appellant argued that the appellant i.e. H.P. Housing Board is the principal employer and has to pay the compensation, but in terms of the mandate of law, the appellant is entitled to recover the same from respondent No.7 Ashok Kumar, contractor. In support of his submission, the Senior Advocate invited my attention to Sub Sections (2) and (3) of Section 12 of the Act, which are reproduced below: “(2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, 2 or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the workman could have recovered compensation,] and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the Commissioner. (3) Nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal.” 3. It is admitted case of the parties that the deceased was an employee of the contractor and the principal employer was H.P. Housing Board, thus, has to pay the compensation at the first instance and recover the same from the contractor. 4. Having said so, the appeal is allowed and the impugned award is modified by providing that the appellant has to pay the compensation, as awarded by the Commissioner, at the first instance, however, is at liberty to recover the same from the Contractor. 5. 4. Having said so, the appeal is allowed and the impugned award is modified by providing that the appellant has to pay the compensation, as awarded by the Commissioner, at the first instance, however, is at liberty to recover the same from the Contractor. 5. At this stage, the learned counsel for the claimants stated that claimant No.6 has died during the pendency of the appeal and prayed that the compensation in respect of her share be apportioned among other claimants. Prayer allowed. 6. The appeal is disposed of accordingly.