Case Note & Summary
The case involves a First Appeal filed by the dependents of a deceased workman, Basappa Koli, who was employed as a security guard with Respondent No.1, a sugar factory (Karkhana). On 20.12.1989, during his duty hours (8am to 4pm), the workman was found dead under the rear wheel of a truck (No.MWE-1734) inside the factory premises. The appellants, including his wife and children, claimed compensation under the Workmen's Compensation Act, 1923, contending that the deceased opened the gate for the truck and was run over by the driver. The employer (Karkhana) resisted the claim, alleging that the deceased had committed suicide by jumping under the truck after leaving his assigned post at the colony gate without permission. The insurance company also denied liability. The Commissioner for Workmen's Compensation dismissed the application, holding that the accident did not arise out of and in the course of employment. The High Court, on appeal, examined the evidence, including the panchanama and postmortem report, which indicated head injuries. The court noted that the deceased was on duty at the main gate at the time of the accident, and the truck was entering the premises for loading molasses. The court held that the accident occurred during the course of employment and that there was a presumption that it arose out of employment, as the workman was performing his duties. The employer's theory of suicide was not supported by evidence. The court allowed the appeal, set aside the Commissioner's order, and directed the employer to pay compensation of Rs.91,109.80 with interest at 6% per annum from the date of the accident until payment, within two months.
Headnote
A) Workmen's Compensation - Arising out of and in the course of employment - Sections 3, 4 Workmen's Compensation Act, 1923 - Death of security guard during duty hours within factory premises - The deceased was on duty at the main gate and was found under the rear wheel of a truck entering the premises - The Commissioner dismissed the claim holding that the accident did not arise out of employment - The High Court reversed, holding that the accident occurred during the course of employment and there was a presumption that it arose out of employment in the absence of evidence to the contrary - The court emphasized that the workman was at his place of duty and the accident was connected to his employment (Paras 1-5).
Issue of Consideration
Whether the death of the workman (security guard) who was found under the rear wheel of a truck within the factory premises during his duty hours arose out of and in the course of his employment under the Workmen's Compensation Act, 1923.
Final Decision
Appeal allowed. Order of Commissioner for Workmen's Compensation set aside. Respondent No.1 (Karkhana) directed to pay compensation of Rs.91,109.80 with interest at 6% per annum from the date of the accident (20.12.1989) until payment, within two months.
Law Points
- Workmen's Compensation
- Arising out of employment
- Course of employment
- Burden of proof
- Presumption in favor of workman
