TNCS CORPORATION LTD Vs. S POOMALAI

JUDGEMENT

(1.) THIS civil miscellaneous appeal is filed against the order made in W. C. No. 50 of 1991 on the file of the Commissioner, Workmans corporation, Tirunelveli. The respondent in the lower court, is the appellant herein. Poomalai, the respondent herein filed W. C. No. 50of 1991 claiming compensation of Rs. 62,588 for the death of her husband who died on the way towards his work place and in the course of his employment. The respondent's husband Subbiah was employed in the Modern Rice Mill at Thazhaiyuthu and on 18. 12. 1990 he left his house for attending his shift work in the morning and on the way, there was a communal clash and he was murdered. According to the respondent, her husband was getting a monthly wage of Rs. 1,330 and he was 49 years old.

(2.) THE appellant filed a counter-statement contending as follows: THE timing of the work in the rice mill relating to the deceased was not men-oned and the occurrence had taken place before the commencement of his work and that too, outside the work spot and the cause of death of the deceased is in relation to the employment and therefore, the respondent is not entitled to compensation.

(3.) AFTER hearing both sides, I am of the opinion that the decision of the Division Bench of Bombay High Court reported in Bhacubai v. Central Railway. (1994)2 L. L. J. 403, is applicable to the facts of the present case. Therefore, I hold that the deceased employee met with his death while he was'going to his place of work and the death has arisen during the course of employment. Therefore, the appellant is entitled to compensation. I agree with the view taken by the lower court and I also accept the finding regarding the quantum of compensation. Accordingly, the judgment of the lower court is confirmed and the appeal is dismissed. In the circumstances, there is no order as to costs. .