JUDGEMENT
H.N. Seth, J. -
(1.) THIS appeal under Section 30(1) of the Workmen's Compensation Act, 1923, by General Manager, Northern Railway, Baroda House, New Delhi and Northern Railway, Allahabad is directed against an order dated 31 -1 -1974 awarding, under Section 30(1) Workmen's Compensation Act, compensation amounting to Rs. 12,600/ - to Sri R.R. Verma.
(2.) ACCORDING to the claimant, he was posted as Assistant Station Master (A.S.M) at Bhaupur Railway Station of Northern Railway. On 29 -3 -1970, while he was boarding a train at Rura Railway Station for coming back to Bhaupur for rejoining his duties, he slipped and came under the wheels of a train. The accident resulted in serious injuries to his right forearm which disabled him from performing his duties. He, therefore, was entitled to receive a sum of Rs. 12,600/ - as compensation. The claim was contested by the Railway Administration. It was contended on its behalf that as at the time of the accident, Sri R.R. Verma was not on duty, and as the accident did not arise out of and in the course of his employment he was not entitled to receive any compensation from the Railway Administration.
(3.) THE Commissioner, Workmen's Compensation observed that the expression 'accident arising out of and in the course of employment' has to be understood in a liberal sense. According to him, the accident took place while Sri Verma was trying to board the train at Rura for going to Bhau -pur where he had to rejoin his duty. He would not have been there at the railway station Rura and would not have been involved in the accident, if had he not been proceeding to resume his duties as a railway servant. As a matter of fact, the accident took place while Sri Verma was proceeding to rejoin his duties and that this aspect of his act cannot be separated from the actual work of the Assistant Station Master. Action of Verma at the time of the accident, therefore, was part and parcel of his employment. In the result, he held that Sri Verma sustained the injuries in an accident which arose out of and in the course of his employment and awarded him compensation amounting to Rs. 12,600/ -.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.