S.B.Sinha, J. - (1.) This appeal under Section 30 of the Workmen's Compensation Act raises a question as to whether an employee who had suffered injury while travelling in a train at the hands of some hooligans is entitled to compensation from the employer under the Act.
(2.) The claimant-respondent was working as a Territory Supervisor and was looking after the sales of the products of the appellant-company. He was directed to attend a conference at Puri on June 27, 1998. The said conference was organised by the appellant. The claimant-respondent along with his other colleagues left Calcutta by Jagannath Express for Puri in the night of June 26, 1998 to attend the conference but during the journey he was assaulted and thrown out of the Railway compartment as a result whereof he sustained multiple injuries including head injury. The petitioner as a result of such injuries became permanently physically disabled. He was only 23 years old at the relevant time and his monthly salary was Rs. 2337/- at the time of accident.
(3.) The learned Tribunal below upon taking into consideration the materials on record allowed the application filed under Section 4 of the Workmen's Compensation Act holding that the respondent was entitled to get a sum of Rs. 52,788/ as compensation for his 20% loss of earning capacity from the Opposite Party.;