Remedies against employer and stranger

Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, (a) the workman may take proceedings both against that person to recover damages and any liable to pay compensation under this Act but shall not be entitled to recover both damages and compensation; and (b) if the workman has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under section 22 of this section (relating to liability in case of by contractors), shall be entitled to be indemnified by the person so liable to pay damages as aforesaid and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be settled by the court.