UNION OF INDIA WESTERN RAILWAY Vs. JUMABAI KASAM

JUDGEMENT

(1.) BY way of this appeal, the appellants have challenged the judgment and award dated 30/10/1987 passed by the learned Civil Judge (SD) and Ex Officio Commissioner for Workmen Compensation, Jamnagar in Workmen Compensation Application No. 24 of 1985 wherein the learned Ex Officio Commissioner for Workmen Compensation has allowed the application of the applicant and awarded the compensation of Rs. 69,910. 40 with interest at the rate of 6% per annum from the date of accident till the date of deposit before the Commissioner.

(2.) BRIEF facts of the case is that the application was filed by the mother and minor daughter of the deceased Jaku Husen Chawda. Jaku Husen Chawada was the employee of the Western Railway since five years and was working as a Pump Driver-cum-Mechanic at Gandhinagar, Jamnagar Railway Station from 21/6/1980. On 18/1/1985, at about 11:45 a. m. Jaku Husen Chawda dashed with running engine at Gandhinagar, Jamnagar Railway Station and sustained injuries and ultimately died on the same day. He was permanent employee of the Western Railway and died during the course of employment. Inspite of notice, the opposite party has not paid any amount of compensation and therefore, the applicant-mother of the deceased Jaku Husen has filed the application before the Workmen Compensation Commissioner and after hearing the matter, the learned Commissioner for the Workmen Compensation has allowed the application of the applicant and awarded compensation as stated above. Heard learned advocates for the respective parties.

(3.) THE main contention which has been raised by the present appellant is that on the date on which the workmen was died, he was not present at the place of work assigned to him. He was regularly assigned work at the old railway station and not at the new railway station and the incident alleged was happened at the new railway station. In that view of the matter, the employer are not duty bound to make payment.