(1.) This is an appeal under section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated 23.7.1990 passed in Case No. 108 of 1989 (Fatal) by the Commissioner for Workmen's Compensation (Labour Court),-Jabalpur.
(2.) Facts giving rise to this appeal are thus: The deceased Ravibhan Singh Thakur was employed as forest guard in regular establishment under the Field Director, Project Tiger (Kanha), Mandla. On 15.3.1989 during the course of his employment the deceased found a 'cheetal', an antelope with white spots resembling a deer entangled in weeds of a water tank. The deceased tried to save the cheetal by removing weeds, but, unfortunately he also got entangled in the weeds and met his untimely death. The State and its Field Directordid not deposit the compensation before the Commissioner in accordance with the provisions of Chapter II of the Act within one month from the date it fell due. Hence, the widow of the deceased filed an application under section 3 of the Act before the Commissioner to claim compensation for the death of her husband by an accident arising out of and during course of his employment.
(3.) The claim was contested by the appellant on various grounds amongst others that the deceased was not a workman as defined under section 2 (1) (n) of the Act as his employment did not fall under any of categories enumerated in Schedule II of the Act. His duties were exclusive to look after animals specially to look after tigers within the forest area. It was contended that the work of preservation of wild animals under the Wild Life Preservation Schemes was not a trade or business, therefore, the respondent was not entitled to any compensation. Besides, the respondent was paid the amount of Rs. 70,437, the amount of service benefits and was sanctioned a provisional monthly pension of Rs. 350.