ASSISTANT EXECUTIVE ENGINEER Vs. SHANTAVVA

JUDGEMENT

(1.) THIS appeal is filed by the Assistant Executive Engineer, bijapur, thereby challenging order dated 31. 7. 1996 in No. WCA:sr:81 of 1995 passed by the Workmen's Compensation commissioner, Bijapur. In passing the said order, the Workmen's Compensation commissioner while allowing the claim made by the respondents had awarded a sum of Rs. 55,251 together with interest at 6 per cent per annum.

(2.) THE learned Additional Government advocate, Mr. Ashok Mensinkai, had taken me through the impugned order under challenge. He had also taken me through the facts of the case. While urging the grounds made out in the instant appeal, it was argued by him that the Workmen's compensation Commissioner (hereinforth in brief referred to for convenience as 'the wcc') had totally erred in awarding compensation without there being evidence as to at what point of time the alleged accident had taken place. According to him, the alleged accident resulting in the death of one Yellanagouda, the husband of the respondent No. 1 and the father of the respondent Nos. 2 and 3 had not at all taken place during the course of employment and inasmuch as admittedly the accident had taken place while the deceased was on his way to his residence. In support of his argument, he had also cited before me a reported decision of the Supreme Court in mackinnon Mackenzie and Co. Pvt. Ltd. v. Ibrahim Mahmmod Issak, 1969 ACJ 422 (SC ).

(3.) THEREFORE, Mr. Ashok Mensinkai submitted that the impugned award passed by the WCC is liable to be set aside in allowing the instant appeal.