DIVISIONAL RAILWAY MANAGER WESTERN RAILWAY Vs. SHAMSADI

JUDGEMENT

(1.) THIS appeal is against the judgment of workmen's Compensation Commissioner, bharatpur, dated 30/9/1980, in workmen Case No. 22 of 1977, whereby he awarded Rs. 19,200 as compensation and rs. 300 as costs to the respondent.

(2.) ALIMUDDIN deceased was on duty on 6 July 1976 at 9 a. m. His finger was bitten by a scorpion. He was sent to Railway hospital. Bayana, on 9/7/1976 for treatment. He was sent to Railway Hospital, Kota, on 16/7/1976 for treatment. He was operated in Maharaj Bhim Singh Hospital, Kota, on 23/7/1976, where it was detected that he was suffering from titan's. Alimuddin died on 26 September 1976, at 3. 30 p. m. The compensation Commissioner had allowed compensation but the railway has filed this appeal.

(3.) SRI Bafna's submission is that the death was due to titan's and not scorpion bite. I am unable to accept this contention. The scorpion bite took place on 9 July 1976, and then from that time he was admitted in hospital from 9 July 1976 for treatment. He was sent to railway hospital on 16 July 1976 from Bayana for treatment and operation was conducted. He was then transferred to maharaj Bhim Singh Hospital on 23 July 1976. During all this process he was being treated and taken care of by the railway because the accident happened when the was on duty.