KAMALAVVA NINGAPPA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Heard the learned Counsel for the Appellant in respect of the appeal preferred by the claimants aggrieved by the dismissal of the claim application by the Commissioner for Workmen's Compensation, Haveri. None appears for the Respondent.

(2.) Learned Counsel for the Appellants submits that the Commissioner was in error in dismissing the claim application and the finding that the accident did not arise out of and in the course of employment is erroneous and, as such, the impugned order be set aside.

(3.) Referring to the facts of the case, learned Counsel for the Appellant argued that the deceased Hanumanthappa Ningappa Mudigowdara, son of the 1st Appellant and the elder brother of the 2nd Appellant, was working in Indo American Hybrid Seeds India Pvt. Ltd., at Chikkellur, Kengeri Taluk, Mysore Road, Bangalore, and on 16.08.1998 while working in the Seeds Farm, deceased developed stomach pain and, therefore, he went to the hospital to take treatment and while returning from the hospital, accidentally, the deceased was hit by a moving train when the deceased tried to cross the railway line near Kengeri-Hejjala railway station. Stating that the deceased was aged 22 years and was getting Rs. 100/- per day, the Appellants filed claim application before the Commissioner. In turn, the Commissioner for Workmen's Compensation, after appreciating the evidence on record, arrived at the conclusion that the accident never arose out of the employment of the deceased nor was it in the course of the employment and, under these circumstances, claim application was rejected. Aggrieved by the said order, this appeal is preferred by the claimants.