LAWS(P&H)-2020-2-173

SUNDER PAL Vs. SUNDER

Decided On February 13, 2020
Sunder Pal Appellant
V/S
SUNDER Respondents

JUDGEMENT

(1.) The present appeal directs challenge against order dated 18.5.2015 passed by the Commissioner under the Employees' Compensation Act, 1923 (in short "the Act") whereby compensation has been assessed on account of death of Surat Singh on 23.6.2007.

(2.) The Commissioner assessed liability to the tune of Rs. 2,74,018/-, detailed in concluding para of the order under issue No. 4.

(3.) The sole submission made by counsel for the appellant is that as Surat Singh was murdered during the intervening night of 23/24.6.2007 while sleeping on tubewell in the fields of appellant, the case does not fall within the purview of incident arising out of and in the course of employment under Section 3(1) of the Act, therefore, findings of the Commissioner on this aspect can not sustain and are liable to be set aside.