MEWAR TEXTILE MILLS Vs. KUSHALI BAI

JUDGEMENT

(1.) THIS is an appeal by Mewar Textile Mills, Bhilwara, and General Assurance Company, Ltd. , Ajmer, against an order of the Workmen's Compensation, Commissioner, Udaipnr Division, Bhilwara, dated 3 December 1955, allowing Rs. 2,150 as compensation to the respondents under Section 3 of the Workmen's Compensation Act.

(2.) IT is common ground between the parties that one Panjumal, who was murdered on 16 February 1954 within the premises of the Mewar Textile Mills, Bhilwara, was an employee of the appellant mills and used to work in what was called the " frame department. " On 16 February 1954, he was killed by somebody with a knife during the recess period in the second shift sometime between 7-30 and 8 p. m. His dead body was found in a cabin which was used for storing the junk. On report to the police, three persons, namely, Gopi, Nenu and Nola, were arrested and tried by the learned Sessions Judge, Bilwara. It was alleged by the prosecution against them that Gopi owed a debt to the deceased, that Nenu stood surety for Gopi and that both of them committed the said murder with a knife. Nola was also said to be an accomplice in the said crime. All the three were, however, acquitted by the learned Sessions Judge on 10 January 1955.

(3.) RESPONDENT 1 Kushali Bai is the mother of the deceased while respondent 2 Sita Bai is his widow. Both of them claimed Rs. 2,100 as compensation from Mewar Textile Mills (which will hereinafter be referred as the mills) on the ground that the accident which led to Panjumal's murder arose out of and in the course of his employment. The appellant mills' plea was that Panjumal's murder had nothing to do with his employment and, therefore they were not liable to pay any compensation. This objection did not find favour with the Workmen's Compensation Commissioner. He allowed the full claim of the respondents and further awarded Rs. 50 for costs to them.