SUPERINTENDENT OF MINES Vs. LALO DEVI

JUDGEMENT

(1.) DOES Sub -section (1) of Section 3 of the Workmen's Compensation Act, 1923 envisage the payment of compensation to a workman De hors the occurrence of any actual accident and consequential personal injury resulting therefrom ? This is the somewhat ticklish and significant issue which falls for determination in this appeal.

(2.) FACTS lie in a narrow compass and, indeed, are not in serious dispute. In view of the primarily legal issue involved, a brief reference to them suffices. The respondent, Shrimati Lalo Devi, had claimed compensation for the death of her husband. Mahadeo Oraon, who was employed as a coal loader under the appellant in a colliery . In substance, the express case spelt out on her behalf was that on the 1st of June, 1978 Mahadeo Oraon aforesaid was loading coal at his place of work when a big chunk of coal fell down from the running belt and hit his body, on account of which he fell down and died instaneously of the injury. It was claimed that the death of her husband was caused by the accident arising out of and in course of his employment and consequently the appellant was liable for compensation.

(3.) THE learned Presiding Officer of the Labour Court particularly referred to the medical evidence including the post -mortem report which did not show any external injury on the body of the deceased workman, along with the other evidence. He, therefore, concluded that the case set up by his widow that he died because of the injury sustained by him on account of the fall of the coal from the running belt was wholly unsustainable. Nevertheless, he proceeded to grant compensation to the tune of Rs. 30,000/ - on the entirely conjectural ground that because Mahadeo Oraon had become unconscious whilst loading coal he was either physically weak or was suffering from some disease and his death was accelerated because of the exertion involved in the work in which he, at the time, was employed. Reliance was primarily placed on Srimati Laxmibai v. : (1954)ILLJ614Bom ,