LAWS(DLH)-2017-4-14

STAR PRESS Vs. MEENA DEVI

Decided On April 12, 2017
Star Press Appellant
V/S
MEENA DEVI Respondents

JUDGEMENT

(1.) The appellant has challenged the order dated 27th May, 2015 of the Commissioner, Employee's Compensation whereby compensation of Rs. 4,23,580/- has been awarded to claimant/respondent.

(2.) The respondent is the widow of late Laxmi Narayan, who was employed with the appellant as a machine man. On 15th September, 2000, Laxmi Narayan returned back home after completing the duty. At about 8:30 PM, Laxmi Narayan was called back to the factory for some urgent work, whereupon he went back to the factory, where he was murdered by a co-worker, Mohd. Javed Ansari. The Police registered FIR No.682/2000 in which Mohd. Javed Ansari was chargesheeted. Mohd. Javed Ansari was convicted and was sentenced to life imprisonment by the Sessions Court.

(3.) The learned counsel for the appellant urged at the time of the hearing that the murder cannot be said to be an accident for compensation under the Employee's Compensation Act. It was further submitted that the murder did not arise out of and during the course of employment of the deceased. However, it was not disputed that the deceased was an employee and was called after duty hours to do some emergent work in the appellant's factory where he was murdered. Learned counsel for the appellant referred to and relied upon Mackinnon Machenzie v. Ibrahim Mahmmed Issak, (1969) 2 SCC 607, Regional Director, E.S.I. Corporation v. Francis De Costa, (1996) 6 SCC 1, Malikarjuna G. Hiremath v. Branch Manager, Oriental Insurance Co. Ltd., (2009) 13 SCC 405, Shakuntala Chandrakant Shreshti v. Prabhakar Maruti Garvali, (2007) 11 SCC 668, Laxmanrao v. Maharashtra State Electricity Board, 2015 ACJ 2509 and Mewar Textile Mills v. Kushali Bai, (1960) II LLJ 369.