STEEL AUTHORITY OF INDIA LIMITED Vs. NIRAMALA DEVI

JUDGEMENT

(1.) Rajeshwar Choudhary, staff No. 018227 was employed as a driver in Bokaro Steel Plant. On 4.12.1995, while coming from his residence to join his duty in general shift from 8 a.m., on way at 7.30 a.m., he was shot at by some miscreants and died.

(2.) His widow, Nirmala Devi, filed an application for compensation under the provisions of Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). Presiding Officer, Labour Court, Bokaro Steel City, by impugned judgment and award dated 20.12.2000 granted a sum of Rs. 1,28,330 with interest at the rate of 12 per cent per annum payable to her as compensation under the Act.

(3.) Steel Authority of India Ltd., the employer, challenged maintainability of the proceeding under the Act and contested on the ground that it was a case of murder and not of an accident. In the criminal case filed for his murder, his wife, Nirmala Devi, the claimant herein, was also made an accused. Besides this, the incident did not take place in course of employment and at the relevant time deceased was not on duty.