MANAGING DIRECTOR SFC Vs. SAIF DIN

JUDGEMENT

(1.) RESPONDENTS were awarded compensation of Rs. 6,33,860/- by award dated September 19,1994, passed by the Commissioner under the Workmen's Compensation Act. This appealis directed against the award and hangs on a very thin thread, raising a border line case and literally a touch and go affair. All that remains to be seen is whether the injury was caused to the workmen by an accident "arising out of and in the course of their employment" within the meaning of Section 3 of the Workmen's Compensation Act.

(2.) THE crucial facts are not disputed and it is the common ground that six workmen originally hailing from tehsil Billawar were engaged for cutting/sawing and carriage of scants in compartment 56 Basantgarh, Udhampur. They were washed away by floods in a nallah on September 25, 1988. Four of them died and two survived who were disabled. All the six were living in sheds within the compartment 56 and drawing rations provided by their employer.

(3.) THERE are conflicting versions of how it all happened. The claimants maintain that they were going towards their place of work in compartment 56 when they were washed away while crossing the nallah. The other is that they were going towards their residence, which is not specified.