RANI BALA SETH Vs. EAST INDIAN RLY

JUDGEMENT

(1.) This is an appeal preferred by a widow whose claim to compensation for the death of her husband was dismissed by the Comr. for Workmen's Compensation.

(2.) The workman was one B.K. Seth by name & at the time of his death he was employed as an engine driver in the East India Rly. On 2nd March 1947, he finished his duty at Chitpore Locomotive Shed at 5.45 A.M. At about 6.15 A.M. he was knocked down by a train at Ultadanga Rly. Station & killed. His widow Ranibala Seth claimed compensation & alleged that the average wages of the workman was between Rs. 100/- & Rs. 200/- per month.

(3.) The learned Comr. came to the conclusion that the accident did not arise out of & in the course of the employment of the workman. He was actually killed on a rly. platform & in the view of the learned Comr. that was a public place to which the public had access. The risks of that place were not risks of the employment, but were risks to which the general public were exposed & therefore he was of the opinion that death was not due to accident arising out of & in the course of his employment.