NATIONAL INSURANCE CO LTD Vs. M LALITHA

JUDGEMENT

(1.) (Appeal Under Section 30 (a) of W.C. Act, against the order/decree in W.C.no.:69 of 1999 dated 20/9/2001 on the file of the court of the Commissioner for Workmens Compensation, and Assistant Commissioner of Labour, Hyderabad.) This C.M.A. is filed under Section 30 of the Workmens Compensation Act (hereinafter referred to as the Act) against the order dated 20-09-2001 by the Commissioner for Workmens Compensation and Assistant Commissioner of Labour, Hyderabad-l, in W.C.No.69 of 1999. The 1st respondent herein presented the claim before the Commissioner alleging that her husband, by name, Chittari was employed as Foreman with the 2nd respondent, and that on 12-3-1999, when he was returning after completion of duties, meet with an accident at Balanagar, and died as a result of the injuries. She claimed compensation of Rs.5,55,910/-, under the provisions of the Act.

(2.) The 2nd respondent and the appellant herein opposed the claim. According to them, the accident did not take place during the course of employment and thereby, they are not liable. The 1st respondent was examined as PW-1 and Exs.A-1 to A-5 were marked on her behalf. The 2nd respondent herein was examined as RW-1 and Exs. B-1 to B-3 were marked. On behalf of the appellant, RW-2 was examined and Exs.B-4 was marked. On a consideration of the respective pleas of the parties, the Commissioner awarded a sum of Rs.1,39,708/-.

(3.) Sri Kota Subba Rao, learned counsel for the appellants submits that the death of the workman took place after the office hours, and in that view of the matter, it cannot be said that it occurred during the course of employment. Placing reliance upon the judgment of the Supreme Court in Regional Director, E.S.I. Corporation and another v. Francis De Costa and another (1996) 6 SCC 1 learned counsel submits that the 1st respondent was not entitled to be paid any compensation.