MATHEW JOSEPH Vs. JOHNY SUNNY

JUDGEMENT

(1.) BABY Mathew, who was under the employment of the respondents died on March 29, 1989 on account of an attack made against him when he was about to leave the premises wherein he was working as a salesman in the arrack shop at Anakkara. His legal heirs filed a petition for compensation before the Commissioner for Workmen's Compensation and on being denied an award by the Commissioner have preferred this M. F. A.

(2.) THE Commissioner refused to order compensation on the ground that Baby Mathew was not a workman within the meaning of Section 2 (1) (n) of the Workmen's Compensation Act 1923 ( for short 'the Act' ). It was also held by the Commissioner that the arrack shop where in Baby Mathew was working is an establishment covered under Section 2 (15) of the Kerala Shops and Commercial Establishment Act, 1960. Both sides have agreed that the above said finding that the arrack shop is an establishment covered under Section 2 (15)is not relevant for deciding the question in this M. F. A.

(3.) TWO questions arise for our consideration in this M. F. A. and they are (1) Whether Baby Mathew was a workman as contemplated under Section 2 (1) (n) of the Act? (2) Whether the homicidal attack made on Baby Mathew can be termed as an 'accident' as contemplated under Section 3 of the Act?