M.Y. Eqbal, J. - (1.) THIS appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and order dated 18.12.2003 passed by the Presiding Officer, Labour Court, Jamshedpur in WC Case No. 5/97 whereby he has allowed the application filed by the claimants -respondents and awarded compensation of Rs. 4,46,225/ - together with interest.
(2.) THE claimants -respondents, who are widow and minor children, filed application claiming compensation for the death of her husband, who was employed in the appellant Company. The claimants' case was that Binod Kumar was the permanent employee of the appellant Telco company and had been working in the Forge Inspection Department. On 29.8.96 he was on 'B Shift' duty. During course of his duty he went to drink water near the water drinking point and while coming back after drinking water he fell down on the ground due to sleep of the leg, as the floor of the place was very much slippery. Because of that the deceased Binod Kumar sustained serious head injury and became unconscious and died due to the said injury. He was taken to Telco where he was declared dead. Subsequently post mortem was conducted and FIR was lodged in Telco Police Station. The appellant Company contested the case stating, inter alia, that the deceased had not sustained injury, as he was not on duty or in course of his employment. According to the appellant Company the allegations that the place of drinking water of the floor of that area was slippery are false and frivolous. It is stated that though the deceased marked his attendance on the date of occurrence but he has not taken the work and, therefore, he cannot be said to be on duty.
(3.) THE Presiding Officer, after hearing the parties and after considering the evidence brought on record, held that the accident took place in course of employment and, therefore, the claimants are entitled to get compensation. Accordingly, a sum of Rs. 4,46,225 has been awarded.;