- (1.) THIS appeal arises out of a case for compensation under Section 3, Workmen's Compensation act. The sole point which requires determination in the appeal is whether the accident which occurred on 22-5-49, in the railway yard at Lucknow and resulted in the loss of both legs of the respondent Mahabir, a machine man employed in the Carriage and Wagon Shops of the East indian Railway, Alambagh, Lucknow, arose 'out of and in. the course of his employment' within the meaning of Section 3 of the Act.
(2.) THE facts are no longer in dispute. Mahabir lives in village Mahmudpur which is close to malhaur railway station on the East Indian Railway. He used to come free of cost to Lucknow junction every morning from Malhaur along with other employees in a workmen's special provided by the --railway and proceed after crossing the lines to the Alambagh Workshop which is at a distance of about a mile from the junction across the railway yard. This was a somewhat shorter route and it was taken as a matter of routine for going to and coming from the works in preference to a sub-way and two other overbridge routes which were also available. When the workmen were on night shift, they were provided with special permits for travelling by ordinary passenger trains free of charge between Lucknow junction and Malhaur station. Mahabir was on duty on the night between the 21st and 22nd May, 1949. He finished work at 5. 30 a. m. and was returning as usual to the Luck-now junction station over the yard in order to catch the passenger train which left there at 8 a. m. for Malhaur. When he was within a short distance of the station platform he crossed the line and in doing so he was run over by a shunting engine at about 6. 30 a. m. As a result of the accident Mahabir's legs were crushed and they had to be ultimately amputated.
(3.) THE claim which gives rise to the present appeal was preferred by the respondent after due formalities. The commissioner appointed under Section 20, Workmen's Compensation Act awarded a sum of Rs. 4900/- as compensation against the appellant, the Works Manager, carriage and Wagon Workshop. The money was deposited with the Commissioner and the decision is now challenged under Section 30 of the Act.;