SOUTH EASTERN COAL FIELDS LTD Vs. SHYAMA NAGVANSHI

JUDGEMENT

(1.) THIS appeal under Section 30 of the workmen's Compensation Act, 1923 (henceforth 'the Act, 1923') arises out of an order dated April 19, 1996 passed by the commissioner for Workmen's Compensation, labour Court, Ambikapur (henceforth 'the commissioner') in Case No. 7/94w. C. F-, whereby compensation of Rs. 72,548/- was awarded to the respondents being the legal representatives of the deceased Ranjit Singh and against the appellant No. 1/employer.

(2.) IT is not in dispute in this appeal that ranjit Singh was an employee of the appellant no. 1 and was posted as Grade-C Operator in churcha Colliery. He was transferred to katkona Colliery by order dated February 14, 1991 (Annexure-A ).

(3.) THE respondents/claimants alleged in their application for compensation that Ranjit singh went to join at Ka4tkona Colliery on May 4, 1991 pursuant to the order of transfer passed by the appellants on February 14, 1991. Ranjit singh died after prolonged hospitalisation on may 18, 1991 after receiving serious injuries in road accident on May 4, 1991 while he was returning from Katkona Colliery after making an application Exhibit R-1 for being taken on duty. The appellants resisted the said application on the ground that pursuant to order of transfer dated February 14, 1991 received by him on April 29, 1991, Ranjit Singh did not join duty at Katkona Colliery and death of Ranjit singh was as a result of a road accident and did not arise out of and in the course of his employment.