ABIDA KHATUN Vs. GENERAL MANAGER DIESEL LOCOMOTIVE

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 123, against an order disallowing a claim for compensation. At the hearing of the appeal a learned single Judge felt that there was considerable conflict of opinion on the questions of law involved in this case. He consequently referred the appeal to a Full Bench.

(2.) MOHAMMAD Ayub Khan, the deceased husband of the claimant-appellant, was employed as Works Supervisor in the Diesel Locomotive Works Project, Varanasi. 4th June, 1967, was his rest day but owing to some work the Senior Civil Engineer ordered him to report for duty on that day. In pursuance of this order he started from his house at about 6. 30 in the morning. On the way, he was assaulted by some unknown persons. As a result of the injuries caused to him he died on the spot. His widow instituted a claim for Rs. 8,000 as compensation against the employer.

(3.) THE Diesel Locomotive Works, the employer of the deceased, admitted that Ayub Khan was employed as alleged and that he was murdered on 4-6-1967 while going to join his duty. It was, however, pleaded that the deceased did not receive personal injury at an accident arising out of and in the course of his employment within the meaning of Section 3 (1), Workmen's Compensation Act, It was asserted that he was murdered because of personal enmity and so the employer was not liable to pay compensation.