CHAIRMAN Vs. TAHERA BIBI AND OTHERS:

JUDGEMENT

(1.) This appeal has been filed by the Orissa State Road Transport Corporation under Sec. 30 of the Workman's Compensation Act challenging the award passed in W.C. Case No. 160-J of 1995 awarding a sum of Rs. 61,236.00 in favour of the legal representatives- cum-dependants of deceased Asgar Khan who was admittedly working as a driver under the appellant. It was alleged that the deceased had taken a bus belonging to the present appellant to Calcutta and there while answering the call of nature, the deceased was struck by a passing train which resulted in the death of the deceased. The appellant contested the claim case by filing written statement. The allegations were denied and it was stated that the deceased was not authorised to answer the call of nature at the place and he had no business to go near the railway line to answer the call of nature. In short, it was contended that the accident did not arise out of the employment.

(2.) The Commissioner found that the accident arose out of and in the course of employment and as such considering the age of the deceased, compensation of Rs. 61,236.00 has been awarded.

(3.) In this appeal, it has been contended by the appellant that there is discrepancy between the pleading and the proof adduced on behalf of the respondents. It is further submitted that it cannot be said that the accident arose out of and in the course of employment of the deceased.