Case Note & Summary
The appeal was filed by the legal representative of the deceased employee, Vitthal, challenging the order of the Commissioner under the Workmen's Compensation Act, 1923, which rejected the claim for compensation. The deceased was an employee of the Maharashtra State Electricity Board, predecessor of the respondent Maharashtra State Electricity Distribution Company Limited. It was undisputed that the incident of stabbing occurred within the premises of the workshop during working hours. The only substantial question of law was whether the injury was caused by accident arising out of and in the course of employment. The appellant argued that since the incident occurred at the workplace during working hours, the burden was on the employer to prove otherwise, and the employer failed to lead any evidence. The respondent did not contest the appeal. The court held that the accident arose out of and in the course of employment, set aside the Commissioner's order, and directed the respondent to pay compensation of Rs. 1,84,680/- with interest at 12% per annum from the date of the accident until payment.
Headnote
A) Workmen's Compensation - Accident Arising Out of Employment - Section 3 Workmen's Compensation Act, 1923 - Burden of Proof - Where an employee is stabbed within the workplace premises during working hours, the burden shifts to the employer to prove that the accident did not arise out of and in the course of employment. The employer failed to lead any evidence to discharge this burden, and the Commissioner erred in rejecting the claim. Held that the accident arose out of and in the course of employment, and the appellant is entitled to compensation (Paras 3-5).
Issue of Consideration
Whether the injury was caused to the appellant by accident arising out of and in the course of his employment?
Final Decision
Appeal allowed. Order of Commissioner set aside. Respondent directed to pay compensation of Rs. 1,84,680/- with interest at 12% per annum from the date of accident until payment.
Law Points
- Burden of proof on employer to show accident did not arise out of employment
- Accident arising out of and in the course of employment
- Workmen's Compensation Act
- 1923 Section 3
