C.P. SUNDAR RAJ Vs. NETHRAVATHY AND ORS.

JUDGEMENT

(1.) Appellant is employer of deceased Parameshwarappa. He has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 challenging the order passed by the Commissioner for Workmen's Compensation awarding compensation in a sum of Rs.3,17,290/- along with interest at 7.5% p.a. with effect from 07.06.2007 till realization.

(2.) Facts involved disclose that Parameshwarappa met with an accident when he was traveling from Kadur to Arasikere in Train No.228. Claimants are the dependents of the deceased being his wife and minor child. On the fateful day, deceased was traveling in the train. He lost balance and fell down from the moving train due to sudden jerk and jolt of the train. On account of the fall, he sustained serious injuries and died on the spot.

(3.) Claim Petition was filed contending inter alia that the accident arose out of and during the course of employment of the deceased with the appellant herein and hence, claimants being dependents of the deceased were entitled for compensation. The Commissioner has found that indeed deceased Parameshwarappa was working as a clerk under the appellant and died in an accident that arose out of and during the course of his employment.