NAIMA BIBI Vs. LODNA COLLIERY CO 1920 LTD

JUDGEMENT

(1.) This is an appeal by the wife of the deceased workman against the judgment and order passed by the Commissioner, Workmen's Compensation, on April 21, 1972. By that order, it was held that the accident in which the workmen met his death by reason of the assault by some unknown assailants, did not arise out of his employment though it took place in course of such employment. The application for compensation was accordingly dismissed.

(2.) The facts, as found by the learned Commissioner, are that on September 3, 1969 as the workmen came to the surface on a lift of the colliery on completion of his duty, and was going home he was assaulted by some unknown persons and as a result died on spot. It has been also found that the accident took place within the colliery i.e. the premises of the employer. As however it was held, the accident did not arise out of the employment of the workmen, the claim was not entertained. The propriety of the decision is the subject matter of the appeal.

(3.) Learned Counsel appearing for the parties have referred to some decisions in support of their respective contentions which we shall now consider.