GENERAL MANAGER, SOUTH EASTERN RAILWAY Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act is against an order of Commissioner for Workmen's Compensation directing payment of a sum of Rs. 16,170/ - as compensation to Respondent Radhey Shyam. The Respondent, in his turn, has filed a cross -objection claiming enhancement of the compensation.

(2.) IT is common ground that the Respondent Radhey Shyam was appointed a turner by the Appellant Railway. His place of posting was Shahdol and in connection with his job, he was required to take journey to different places including Singroli. For this purpose, he was given a free pass and was permitted to take journey by passenger or goods train. On 4.10.1975 he had gone to Singroli and on his way back, instead of availing of the services of a passenger train, he boarded a trolly which met with an accident on the way. The trolly collided against a goods train and all its occupants including the Respondent suffered injuries. The Respondent was treated first at Shahdol Civil Hospital but later was shifted to Bilaspur and ultimately to Calcutta where he was treated.

(3.) BEFORE the Commissioner, Workmen's Compensation, the Appellant contested that the accident did not take place in the course of employment. It was also stated that the loss of earning capacity was nil and the Respondent was entitled to no compensation. On assessment of evidence the learned Commissioner found that Respondent Radhey Shyam suffered injury in the course of his employment and because the injury arose in the course of employment and therefore, held the Appellant liable. Assessing the loss at 50%, a sum of Rs. 16,173/ - has been awarded as compensation.