STATE OF TRIPURA Vs. SHYMAL DATTA

JUDGEMENT

(1.) This appeal under the Workmen's Compensation Act was admitted on 08-08-2008, but no substantial question of law was raised. However, during the course of hearing arguments, I am of the opinion that the following substantial question of law arises in this case:-

(2.) The undisputed facts are that the claimant was working as cook on daily rated basis in the Takarjala Boys' Hostel of Takarjala School. He was on duty when a group of unknown extremists came inside the boys' hostel and opened fire and he received bullet injury on his person. He filed a petition for grant of compensation under the Workmen's Compensation Act. The learned Tribunal has granted compensation of Rs.2,15,300/- to the claimant. Hence, this appeal.

(3.) Ms. A. Sharma Lodh, learned counsel appearing on behalf of the State, urges that the petitioner-respondent was not a workman within the meaning of section 2(n) of the Workmen's Compensation Act. Relevant portion of the section reads as follows:-