KAMALA Vs. MADRAS PORT TRUST

JUDGEMENT

(1.) THIS is an appeal against an order passed by the Additional Commissioner for Workmen's Compensation, Madras, refusing to award compensation to the appellant, on the ground that her husband, Devarajan, did not meet with his death as a result of an accident which arose out of, and in the course of, his employment under the respondent, the Madras Port Trust, represented by its Chairman.

(2.) THE short facts necessary for the disposal of the appeal are the following. Devarajan, the husband of the appellant, was a lascar in the Madras Port Trust dredger under the supervision of one Mr. Watts, an engineer. On the fateful day, namely, 6 June 1961, Devarajan reported to duty and also dropped his token at the counter. At about 6-30 p. m. on the same day, Mr. Watts, under whom the deceased was working, asked the deceased to go to his (Watts') house in St. Thomas Mount and fetch his night dinner. Accordingly, Devarajan went by cycle to the house of Mr. Watts, collected the dinner, and was returning to the Madras Port Trust, when he was knocked down by a lorry on the highway near St. Thomas Mount. He died on the spot.

(3.) THE widow of the deceased filed an application before the Additional Commissioner for Workmen's Compensation, Madras, and the Chairman of the Madras Port Trust opposed the application on the ground that Devarajan did not die as a result of an accident arising out of and in the course of his employment. Evidence was adduced that it was usual for the dredge master to send the lascars to fetch his food from his house outside the Madras Port Trust, It is also adduced in evidence that the dredge master used to direct the lascara to attend to duties other than the normal duties of a lascar such as, painting, chipping, wireplacing, etc. Durairaj, another lascar, deposed that the dredge master used to send him and also the deceased to do his personal work outside the port trust during working hours. The dredge master used to send Devarajan to fetch his food after Devarajan reported to duty, and he also had gone to the dredge master's house once or twice by train to fetch food for him.