- (1.)THE appellant is the wife of Madhusudan of Jena who was employed as a loader in the Deulabera Colliery. Madhusudan died electric shock as a result of his coming in contact with the high tension electric wire which was hanging down from the electric poles near the back side of his quarters in the colliery area. The appellant claimed compensation under the Workmen's Compensation Act (hereinafter referred to as the "act" on the allegation that her husband died of the aforesaid accident while he was under the employment of the said colliery.
(2.)THE manager of the said colliery, opposite party in the Court below and respondent in this appeal, entered appearance and filed his written statement, inter alia, stating therein that the husband of the claimant did not die due to any accident arising out of and in course of his employment in the said colliery. According to the respondent, the husband of the claimant was attempting to steal the copper electric high tension wire which somehow was hanging down from rites fittings at a place near about the back side of the quarters allotted to the loaders in the colliery premises, and while attempting to steal the said electric wire the loader was electrocuted and died as a consequence thereof. It was also alleged that the duty hour of the loader on that day was from 3 p. m. and the place of employment of the said loader was at a distance of about 3 furlongs away from his residential quarters. On the above facts it was asserted that the said accident, in any view of the matter, did not arise out of and in course of his employment.
(3.)THE Court below, on as appreciation of the evidence adduced before it, arrived at the finding that the loader did not sustain the fatal injury due to anything arising out of and in course of his employment, and so he was not entitled to get any compensation from his employer. On the evidence of P. W. 4, that when he went to the place of occurrence he found that the said electric wire was inside the fist of the loader and it was lying on his chest, the Court below found that he possibly attempted to cut the said wire and due to his own mistake he met with (lie said fatal accident.