DIVISIONAL RAILWAY MANAGER Vs. TRIVENI BAI JHARIYA

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 30 of the Workmen Compensation Act, 1923 whereby, the Commissioner for Workmen Compensation, Jabalpur passed an order dated 15.12.1999 on the application filed under Section 3 of Workmen Compensation Act by the respondents No.1 to 3 and awarded Rs.1,78,490/-compensation along with 6% interest from 27.8.97 till the payment of compensation amount.

(2.) An application under Section 3 of Workmen Compensation Act was filed by the respondents/applicants against the appellant/non-applicant on the grounds that the deceased Dwarka Prasad was Gangman under the management of Additional Railway Manager, Central Railway, Jabalpur and was working with P.W.I. (North) Central Railway, Jabalpur. On 6.10.96, the deceased Dwarka Prasad was on duty near outer signal Bhitoni and at that time, he met with an accident and died on account of train accident. Since, he met with an accident and died while he was on duty, therefore, the respondents No.1 to 3 filed an application for compensation. It was disclosed that the deceased was 39 years old at the time of accident.

(3.) The appellant/non-applicant filed reply and specifically stated that at the time of accident, Dwarka Prasad was not posted at Bhitoni Railway Station and he was not on duty. He never died due to accident and the Railways cannot be held responsible for payment of compensation to the applicants/respondents No.1 to 3.