ASGARI BEGAM SMT Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THIS is an appeal filed by the appellants/applicants under Section 30 of the Workmen's Compensation Act, 1923 (henceforth the Act) against the Award dated December 30, 1997 passed by the Commissioner for Workmen's Compensation-cum-Labour Court, Shahdol (henceforth the Commissioner) in Case No. 31 of 1996, whereby the claim of the appellants for compensation regarding the death of Abdul Rashid has been dismissed.

(2.) THE facts of this case are that the appellants filed Case No. 31 of 1996 before the Commissioner, claiming that Abdul Rashid died on June 9, 1995 during the course of his employment. It was claimed that Abdul Rashid was employed with the respondents as Switchman and he was posted at Bandhwara Railway Station near Shahdol Railway Station. His duty hours were from 8. 30 P. M. of June 8, 1995 to 8. 00 P. M. of June 9, 1995. He died at about 7. 00 A. M. on June 9, 1995. It was claimed that while working in the cabin at Bandhwara Abdul Rashid was required to answer the call of nature in the morning and for this purpose, he went to a place at about 200 meters away from the cabin where the river flowed nearby. It appears that he died on account of accidental fall in the river when he went to answer the call of nature. His dead body was found in the river. Accordingly, a claim for compensation of Rs. 73,668/- and interest thereon was filed by the appellants who are the dependents of late Abdul Rashid.

(3.) THE respondent did not deny the duty hours of Abdul Rashid as alleged by the appellants. It was also not denied that Abdul Rashid accidentally fell down in the river and died on account of that accident. However, it was claimed by the respondents that the accident did not arise during the course of his employment. It was further stated that nor did it arise out of the employment.