STATE BANK OF INDIA Vs. VIJAY LAXMI SMT

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment passed by the learned single Judge in Misc. (First) Appeal No. 69 of 1986 affirming the order of the Commissioner for Workmen's Compensation (State Labour Court) at Jabalpur (hereinafter referred to as 'commissioner') in Claim Case No. 40/84/wc.

(2.) THE respondent filed a claim petition under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'act') before the Commissioner for grant of compensation for the death of her husband, Santanman Krishnan Mudaliar who was employed as a Messenger in the State Bank of India, at Barginagar Branch. Her assertions in the claim petition are that on August 10, 1983 her husband was proceeding on duty by public bus which plunged into river Narmada near Tilwaraghat. In the said unfortunate accident her husband died. The claimant raised her claim by issuing notice to her husband's employer, State Bank of India, but as no action was taken she filed the application for grant of compensation pleading, inter alia, that her husband had died in course of employment, and she was entitled to get compensation which is to be computed on the basis of monthly wages received by her deceased-husband.

(3.) THE claim of the respondent was resisted by the employer on the grounds that the deceased was not a workman within the meaning of Sec. 2 (n) of the Act and he did not die in an accident arising out of and in the course of employment. The Commissioner, on consideration of materials on record, did not accept the stand of the employer and granted compensation of Rs. 21,600/-, imposed a penalty of Rs. 2000/- and further directed for payment of interest at the rate of 6% per annum. In addition to the same cost of Rs. 200/- was awarded.