DOCK LABOUR BOARD Vs. K GEETHA

JUDGEMENT

(1.) C. Kannaiyan, R. P. Mazdoor, a workman employed by the Madras dock Labour Board, went for duty to the Port on 3. 2. 1994 for the II shift between 2 p. m. and 10 p. m. While performing his duty, he fell into the sea and drowned. The dead body was taken out of the sea water on 6. 2. 1994. The officials of the Dock Labour Board informed the family members of the said Kannaiyan about the same. The widow, daughter and son of the deceased filed an application before the Commissioner for Workmen's Compensation, claiming compensation of Rs. 1,15,916/-The Commissioner, after enquiry, passed an order awarding Rs. 75,824/- as compensation. Aggrieved by this order, the Madras Dock Labour Board has filed this appeal.

(2.) THE substantial questions of law on the basis of which this appeal has been filed, are as follows: 1) Whether the deceased Kannaiyan died in an accident which arose out of and in the course of his employment under the appellannt/board? 2) Whether the Commissioner for Workmen's Compensation was justified in invoking the principles of notional extension when the facts in this case do not justify such approach?

(3.) ELABORATING the above questions of law, Mr. G. Venkataraman, the learned counsel appearing for the appellant, would make the following contentions: