- (1.) ADMITTEDLY , Karu, husband of Sona Devi, the sole respondent herein was employed as a Gang man in Dhanbad Division of Eastern Railways. On 28.9.1986, he made complain of stomach pain and reported sick. A sick Memo, Exhibit M -1 was, therefore, given to him on the same day. He was admitted in Gajendih Hospital, from where he as referred to Dhanbad railway hospital for treatment. In course of treatment, he did on 30th September, 1986. According to the death certificate, Exhibit M, cause of his death was peptic perforation and Cardio respiratory failure. At railway hospital, Dhanbad, Karu was surgically operated for Peptic perforation.
(2.) HIS widow, Sona Devi filed W.C. Case No. 3 of 1990 for compensation under the provisions of the Workmens Compensation Act, 1923 (hereinafter to be referred to as the Act). She claimed total amount of compensation at Rs. 56,592.96 under the Act. The Railway contested the claim on the ground that the workman concerned did not die by an accident arising out of and in course of his employment and, therefore, present proceeding was not maintainable and his widow was not entitled to any compensation under the Act.
(3.) THE Presiding Officer, Labour Court, Hazaribagh, allowed the prayer of the claimant and by impugned order dated 13.2.1999 held that the claimant was entitled to a sum of Rs. 56,592.96 as compensation under the Act. The Divisional Manager, Eastern Railways has, therefore, filed the present Appeal under Section 30 of the Act.;