STEEL AUTHORITY OF INDIA LTD Vs. JEMA

JUDGEMENT

(1.) THE Employer, the Steel Authority of India Ltd. , has filed this appeal under Section 30 of the Workmen's Compensation Act (In short, the "act") against the decision of the Workmen's Compensation Commissioner, Rourkela (in short, the "commissioner") awarding a sum of Rs. 58,480/- to the claimant-respondent the widow of late Madhusudan, who is alleged to have expired in an accident arising out of and in course of his employment under the present appellant.

(2.) THE accident occurred on April 7, 1990. The deceased was admittedly employed as a Crane Operator in the Central Store of the appellant. On April 7, 1990, he was in general shift duty from 8. 00 a. m. to 5. 00 p. m. with lunch break of one hour between, 1. 00 p. m. to 2. 00 p. m. It is alleged by the claimant that during lunch break the deceased was coming to the house for lunch on his cycle and met with an accident on the way being dashed by a scooterist as a result of which he sustained head injury and was removed to the hospital and succumbed to the injuries in the hospital a few days thereafter.

(3.) THE Employer-appellant in written statement had contended that the deceased had left the place of work even before 1. 00 p. m. and it cannot be said that the accident occurred in course of his employment. It was further contended that since the deceased had gone out of the place of work and met with an accident, there was no causal connection between the employment and the accident and the accident did not arise out of the employment of the deceased.