AJNI CENTRAL RAILWAY Vs. LAXMI

JUDGEMENT

(1.) These first appeals are directed agaisnt the judgment and award dtd. 18/5/2010 passed by learned Commissioner under the Compensation Act, 1923 and Judge, First Labour Court at Nagpur in Application (WC/F) No.20/2006 whereby learned Commissioner granted compensatoin at the rate of Rs.3,12,940.00 with interest to Smt.Laxmi wd/o Rajanna Kotpalliwar (claimant).

(2.) First Appel No.1063/2010 is filed by the Central Railway Nagpur. Whereas, First Appeal No.1180/2010 is filed by the claimant for grant of interest from the date of accident and 50% penalty in view of Sec. 4(a) of the Employees' Compensation Act, 1923 (for short, the said Act).

(3.) Facts in brief, necessary for disposal of appeals, are as under: The claimant is the widow of Rajanna (deceased). The deceased was an employee of the Central Railway working as a Khalashi (helper) under the control and supervisioin of the Inspector of Works Department, Ajni in Nagpur Division. As per the contentions of the claimant, her husband had gone to Mumbai for official work on 3/8/2004 and while returning to Nagpur by Mumbai-Howrah Express on 8/8/2004, he died due to heart attack. The deceased had travelled from Nagpur-Mumbai-Nagpur. Thus, the deceased had sustained the heart attacked during the course and in the course of the employment and died due to the said heart attack. As the death of the deceased was caused during and in the course of the employment, she applied for grant of compensation vide letter dtd. 15/3/2005. However, the claim of the compensation was rejected by the Railway Administration. Thus, the claimant is entitled to receive the compensation as the death of the deceased is caused during and in the course of the employment.