DIVISIONAL SUPDT NORTHERN RLY MORADABAD Vs. UMRAO

JUDGEMENT

(1.) This is an appeal under Section 30 of the Workmen's Compensation Act (Act VIII of 1923) by the Divisional Superintendent, Northern Railway, Moradabad, against the order, of the Commissioner, Workmen's Compensation Act, Lucknow, awarding a compensation of Rs. 1008/- in favour of Umrao against the appellant.

(2.) The facts of the case are that Umrao respondent was employed in the Northern Railway as a 'Gateman' at the Railway Crossing gate No. 218 near Jalalpur. On 4-9-53 in the night, when he was at his quarters, he along with others was attacked by the dacoits, who had come to loot the wagons and he sustained injuries on the left hand and right eye. He, therefore, claimed that he got these injuries in the course of his employment and arising out of it and, therefore, he was entitled to compensation under the Workmen's Compensation Act.

(3.) The defence inter alia, of the appellant was that he had no information about this occurrence, that the respondent was on sick leave on that day and was not in the course of employment on that day, and also that no notice as required under Section 10, of the accident had been given within a reasonable time.