GENERAL MANAGER, BCCL Vs. SHRI AMRIT MAHATO

JUDGEMENT

(1.) THIS appeal filed under Section 30 of the Workmens Compensation Act is directed against the order dated 25.9.97 passed by the Presiding Officer, Labour Court, Dhanbad in Case No. WC 3/95, whereby he has awarded a sum of Rs. 1,08,100/ - to the claimant respondents for injury sustained by him in a Motor Vehicle Accident.

(2.) THE claimant is permanent employee of M/s. Bharat Coking Coal Ltd. and he was working as Timber Mistry at Nudkhurkee Colliery. On 2.2.1990, while he was going to his duties in the night shift starting from 12.00 mid night at about 11.30 p.m., a dumper bearing registration No. BHW 9439 belonging to M/s. Bharat Coking Coal Limited knocked him down near Matigarha Colliery resulting in loss of vision because of head injuries. The claimants further case is that as he was not provided with companys accommodation, he used to come to attend his duties from the near by village and on the fateful day while he was going to duty along with his brother the aforesaid Dumper belonging to M/s. Bharat Coking Coal Limited knocked him down. It was contended by the claimant that since he was going to perform his duties and the accident took place, hence the same would be an accident arising out of and in course of the employment.

(3.) THE Labour Court after discussing oral and documentary evidence adduced by the parties has recorded a finding that the petitioner met with an accident while he was going to join his duty and the accident took place 15 -20 minutes before the duty hour. The Labour Court further held that the accident took place in course of the employment so petitioner is entitled to compensation.