TOBACCO MANUFACTURES INDIA LTD Vs. MARIAN STEWART

JUDGEMENT

(1.) This is an appeal by the employer from an order made by the Commissioner for Workmen's Compensation, West Bengal, awarding compensation against the employer to the widow of the deceased workman in the following circumstances.

(2.) One Lionel Henry Stewart was a mechanic employed by Messrs. Tobacco Manufactures (India) Ltd., (who is the employer,) in its Kidderpore Factory. Stewart lived in Howrah and had to attend the Factory at 8 in the morning, On 10th April 1947, he was going to work riding a bicycle. He was knocked down by a lorry belonging to the Civil Supplies, Government of West Bengal, near Princep's Memorial and received injuries. Stewart died on 13th April 1947 from the injuries. His widow claimed compensation from the employer on the ground that the accident arose in course of and out of the employment.

(3.) The law is well established that the workman in order to be entitled to the compensation, should be acting in the course of his employment, that is to say, when he is doing something in discharge of a duty to his employer directly or indirectly imposed upon him by his contract of service. The word ''employment" covers and includes things belonging to or arising out of it: St. Helens Colliery Ltd. v. Hewitson, 1924 A.C. 59.