UNION OF INDIA Vs. BABITA SHARMA

JUDGEMENT

(1.) This judgment shall dispose of two appeals i.e. FAO Nos.18 and 328 of 1997 as both these appeals have arisen out of one common order dated 25.10.1996 of the Commissioner, Amritsar passed under the Workmen's Compensation Act.

(2.) The facts, which emerge out from the impugned order, are that one Ramesh Kumar, who was employed as skilled Grade III against a permanent post with the respondent Railways, was posted at Northern Railway Mechanical Workshops, Amritsar (hereinafter called as Locomotive workshop or shed). On 20.9.1991 at 16.15 hrs, when Ramesh Kumar was coming out of the main gate of the Locomotive workshop to start his journey back to his home and he had taken the bicycle from the cycle stand adjoining the main gate of the workshop, there was great rush of cyclists and pedestrian co-workers. When the deceased just started riding his cycle, he was struck by 3/4 other cyclists who were also coming out from the cycle stand. The occurrence happened just in front of the main gate of Workshop. The rush of the co-workers was so much uncontrolled. The said Ramesh Kumar fell down and was run over by 3-4 cyclists. It was like a stampede and because of the falling down on the road and lying underneath the rush, he got several injuries on the head and became unconscious. After sometime, when the rush was controlled, he was taken to the Railway Doctor in unconscious state of mind and he never gained consciousness till his death at 6 a.m., on 21.9.1991.

(3.) The respondents filed claim application against the appellants seeking compensation for the death of Ramesh Kumar on the ground that accident occurred during the course of duty of the deceased as the stampede occurred due to uncontrolled rush of the co-workers and also due to the negligence of the employer and it took place just in front of main gate of the Railway Workshop while the deceased and other workers were starting from the place of their work.