Case Note & Summary
The case involves a First Appeal filed by the Conservator of Forests, Nagpur, challenging the judgment and award dated 24.5.2001 passed by the Commissioner under the Workmen's Compensation Act in W.C.A. (F) Application No.24 of 1999. The deceased, Ganpatrao Dhote, was employed as a Forest Guard with the Forest Department for about twenty years. On 29.1.1999, he went on duty to patrol the Edsamba Jungle on his motorcycle. He did not return home, and after a two-day search, his dead body was found near a nala in a rotten condition. The postmortem revealed serious injuries, and a belt with the Forest Department emboss was found at the scene. The police and CID investigated but could not arrest the murderers. The respondents, being the widow and children of the deceased, filed a claim for compensation under the Workmen's Compensation Act. The Commissioner awarded compensation of Rs.1,63,070 with interest at 12% per annum. The appellants contended that the death did not arise out of employment as the murder was by unidentified persons and not related to his duties. The court analyzed the facts and held that the deceased was on duty, patrolling the forest to prevent theft and fire, and his death by murder in the forest was incidental to his employment. The court upheld the award, finding no perversity in the Commissioner's decision. The appeal was dismissed with no order as to costs.
Headnote
A) Workmen's Compensation - Death arising out of employment - Section 3 of Workmen's Compensation Act, 1923 - Forest Guard murdered by unidentified persons while on patrol duty - Held that the death arose out of and in the course of employment as the deceased was on duty and the risk of attack was incidental to his employment in a remote forest area (Paras 1-10).
Issue of Consideration
Whether the death of a Forest Guard, who was murdered by unidentified persons while on patrol duty in the forest, can be said to have arisen out of and in the course of his employment under Section 3 of the Workmen's Compensation Act, 1923.
Final Decision
Appeal dismissed. The judgment and award of the Commissioner under Workmen's Compensation Act dated 24.5.2001 is upheld. No order as to costs.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- Death arising out of and in course of employment
- Forest Guard
- Murder by unidentified persons
- Presumption of employment nexus
- Compensation calculation
- Interest
Case Details
2013 LawText (BOM) (07) 183
First Appeal No.279 of 2001
Mr. M.P. Badar, Special Counsel for the appellants; Mr. S.S. Ghate, Adv. for respondent nos. 1 to 3
The Conservator of Forests, Nagpur Circle, Nagpur and The Range Forest Officer, South Umrer Range Umrer
Smt. Kusumtai wd/o. Ganpatrao Dhote and others
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Nature of Litigation
First Appeal against judgment and award of Commissioner under Workmen's Compensation Act directing payment of compensation to dependents of deceased Forest Guard.
Remedy Sought
Appellants sought to set aside the award of compensation.
Filing Reason
Appellants challenged the award on the ground that death did not arise out of employment.
Previous Decisions
Commissioner under Workmen's Compensation Act awarded Rs.1,63,070 with interest @ 12% p.a. in W.C.A. (F) Application No.24 of 1999.
Issues
Whether the death of the Forest Guard arose out of and in the course of his employment under Section 3 of the Workmen's Compensation Act, 1923.
Submissions/Arguments
Appellants argued that the murder was by unidentified persons and not connected to employment duties.
Respondents argued that the deceased was on duty and the death was incidental to employment.
Ratio Decidendi
The death of a Forest Guard while on patrol duty, murdered by unidentified persons, arises out of and in the course of employment under Section 3 of the Workmen's Compensation Act, 1923, as the risk of attack is incidental to the nature of employment in a remote forest area.
Judgment Excerpts
This is a First Appeal filed by the Conservator of Forest, Nagpur challenging the Judgment and Award dt.24.5.2001 passed by the Commissioner under Workmen's Compensation Act in W.C.A. (F) Application no.24 of 1999, by which the appellants were directed to pay compensation in the sum of Rs.1,63,070/ with interest @ 12 % p.a.
On the fateful day, on 29.1.1999, with his usual uniform, the deceased went on duty towards the forest with his motor cycle and was patroling in Edsamba Jungle. It appears that he was murdered by some unidentified persons and his dead body was kept near the nala under the earth.
Procedural History
The respondents filed W.C.A. (F) Application No.24 of 1999 before the Commissioner under Workmen's Compensation Act. The Commissioner awarded compensation on 24.5.2001. The appellants filed First Appeal No.279 of 2001 before the Bombay High Court, Nagpur Bench, challenging the award. The High Court reserved judgment on 13.6.2013 and pronounced on an unspecified date.
Acts & Sections
- Workmen's Compensation Act, 1923: Section 3
