GUMNATH Vs. GANNEMMA

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is preferred against the judgment of our learned brother Raghuvir, J. in C.M.A. No. 501 of 1974. By the said judgment, Raghuvir, J. reversed the order of the Commissioner for workmen's Compensation in W.C Case No, 214 of 1972 and awarded a sum of Rs. 7,000/- as compensation to Ginni Gannamma, the widow of the workman Ginni Appalaswamy, who met with a fatal accident while in the employment of M/s. Gurunath and Appa Rao Ltd., Naupada, the appellant in this appeal.

(2.) The material facts are short and simple. The appellant Company manufactures salt. The deceased Appalaswamy was in their employment as an Assistant Driver. On 2-8-1972 he reported to duty at 9-30 A.M. and accompanied R.W-1, the Company's agent at 10 A. M. in the routine check up of the salt beds. They both saw some persons in the field tampering with the salt beds and pillaging them. Appalaswamy and R.W-1 chased them. After running for a distance, Appalaswamy suddenly fell down and died. He was aged 40 years. P.W-2, a vegatable vendor and one of those who tampered with the salt beds and P.W-3 who was a ryot who was passing along the rastha at that time on his way to Naupada saw the deceased chasing and later heard that he died on the spot. P.W-l,the widow of Applaswamy, filed an application under section 22 of the Workmen's Compensation Act, (hereinafter referred to as 'the Act') claimirg a compensation of Rs. 7,000/-. The appellant-Company disputed the liability and contended that Appalaswamy did not die in the course of his employment and, therefore, was not entitled to any compensation. The Commissioner for Workmen's Compensation on an effective evaluation of the entire evidence adduced in the case rejected the claim of the widow of the deceased holding that the accident did not arise in the course of employment. Aggrieved, against the said order P. W. 1 preferred C. M. A. No. 501 of 1974 which as already stated was allowed by our learned brother Raghuvir, J. That in brief is the genessis of this appeal.

(3.) The liability of the employer under section 3 of the Act arises provided the conditions laid down by the said Section are satisfied. The conditions laid down by the section are (i) personal injury caused by accident, (ii) accident arising in the course of employment and out of employment.