SENIOR DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION Vs. SMT. SHOBA AND OTHERS

JUDGEMENT

(1.) THIS appeal is by the employer challenging the order passed by the Commissioner for Workmen's Compensation, Belgaum awarding compensation of Rs. 1,26,119/ - with interest and penalty.

(2.) THE facts in this case are as follows: The respondents are the LRs of the deceased workman Somappa @ Somashekar Hosamane who died on 23.7.1994 in K.L.E. Hospital at Belgaum. The deceased was working as a conductor in the appellant's Corporation. On 19.7.1994 at about 1.30 p.m. while he was on his way to report to duty at Bailhongal Depot suddenly collapsed. Thereafter, he was taken to K.L.E. Hospital at Belgaum for treatment. While he was under treatment in the hospital he died on 23.7.1994. This death has made the LRs of the deceased to file a petition before the Commission for Workmen's Compensation for compensation.

(3.) NOW the question that arises for consideration in this appeal is: Whether the Commissioner is right in holding that the alleged injury comes within the course of his employment or it falls outside the scope of employment? It is an admitted fact that the deceased while on his way to report for duty at Bailhongal on 19.7.1994 at about 1.30 p.m. suddenly collapsed and thereafter, he was taken to the hospital and ultimately he died in the hospital on 23.7.1994. RWs. 1, 2 and 3 in their deposition have stated that the deceased was required to report for duty as conductor on 19.7.1994 at about 2 p.m. and, therefore, he had left the house at about 1 p.m. to join the duty at Bailhongal Depot. It is further stated that while he was going to depot he suddenly collapsed. This evidence clearly shows that the incident happened is not within the place of employment but is on the road. No doubt, the Corporation in their statement of objection denied the incident by stating that the accident neither has taken place during the course of employment nor it arises out of employment. But, the Commissioner by extending the theory of notional extension has held that the incident has happened during the course of employment.