- (1.) THIS misc. appeal under Section 30 of the Workmen' Compensation Act, 1923 (hereinafter 'the 1923 Act') has been filed by the non -claimant the Chief Manager, Rajasthan State Road Transport Corporation, Dholpur (hereinafter 'the non claimant Corporation') against the award dated 27 -12 -1993 passed by the Workmen' Compensation Commissioner, Bharatpur (hereinafter 'the Commissioner'), whereby the Commissioner has found the respondent No.2 -claimant Smt. Vimla Devi (hereinafter 'the claimant') entitled to compensation for a sum of Rs.54,579/ -. The non claimant Corporation has been directed to deposit the said amount of compensation awarded in the court of Commissioner within sixty days of the award.
(2.) THE facts of the case are that Kishan Singh husband of the claimant was engaged as Driver with the Corporation at Dholpur. Kishan Singh was required by the appellant Corporation on 21 -1 - 1990 to deliver bus RNP -208 from Dholpur to Roadways workshop Ajmer. Kishan Singh safely reached the Roadways workshop Ajmer on 21 -1 -1990 without any incident. He contacted the Junior Engineer and left the vehicle at the Ajmer workshop as directed. It however appears that after delivering the bus at the Ajmer workshop, Kishan Singh met with his friends and went out for a personal trip on a motor cycle. The motor cycle was involved in an accident near Gogal, Ajmer consequent to which Kishan Singh expired of the injuries sustained in the accident. In these circumstances a claim petition was laid by Kishan Singh's widow - -the claimant under the provisions of 1923 Act. On service, the claim petition was opposed by the non claimant Corporation. It was stated that the death of Kishan Singh had no causal connection with his employment as the driver with the RSRTC or even with the delivery of the bus by him from Dholpur to Ajmer and thus there was no ground for grant of compensation for his death caused in an accident when he was out on pleasure trip under the 1923 Act. It was emphasised that Kishan Singh was required in the course of his employment to deliver the bus from Dholpur to Ajmer, which he done without any untoward incident and subsequently if in the course of an outing with his friends he was injured in motor cycle accident and died as a result of injuries sustained therein, it could not occasion any liability on the non -claimant employer the Corporation.
(3.) THE Commissioner however vide judgment dated 27 -12 -1993 proceeded to grant compensation for a sum of Rs.54,579/ - to the claimant - -the widow of the deceased Kishan Singh and directed that in the event the amount of compensation so granted were not deposited with the Commissioner within sixty days of the award, it would carry interest. Hence this appeal.;