WESTERN RAILWAY Vs. CHANDRABAI

JUDGEMENT

(1.) This appeal has been filed aggrieved by the award of compensation dated 29th January, 1982, by Shri A.N. Sorti, Commissioner for Workmen's Compenstion, Indore, in case No. 18/W.C.Act/78-Fatal.

(2.) The facts leading to this appeal, in short, are that the non-applicant, Chandrabai, claiming as widow of the deceased, Tolaram, had filed an application under Section 10 of the Workmen's Compensation Act, 1923, before the lower Court and claimed Rs. 19,200 as compensation. According to her, her husband, Tolaram, was in employment of non-applicant Nos. 1, 2 and 3 and was working as a loco attendant. On the intervening night of 11th June, 1976, and 12th June, 1976, the deceased, when he was going from his house to attend to his duty in the railway colony, met with an accident and succumbed to the injuries received during the accident. As the railway administration had not provided any residential facility to the workman in the railway premise, he had to live outside the railway area in a privately rented house and from there he was actually going to attend to his duty and, therefore, the claim of the applicant was that the deceased died while he was on his way to attend his duty.

(3.) The claim was resisted by the present appellant on the ground that the accident did not arise out of or during the course of employment. Therefore, the appellants are not responsible for paying compensation to the respondent.