Case Note & Summary
The case involves an appeal filed by the legal representative of a deceased employee, Vitthal, who was employed by the Maharashtra State Electricity Board (predecessor of the respondent, Maharashtra State Electricity Distribution Company Limited). The employee was stabbed within the premises of the workshop during working hours. The Commissioner under the Workmen's Compensation Act, 1923 rejected the claim for compensation. The appellant challenged this order. 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 (30-09-1999) until payment. The court also awarded costs of Rs. 5,000/-.
Headnote
A) Workmen's Compensation - Accident Arising Out of Employment - Burden of Proof - Section 3 Workmen's Compensation Act, 1923 - Where an employee is stabbed during working hours within the workplace premises, 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 30-09-1999 till payment, and costs of Rs. 5,000/-.
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
Case Details
2015 LawText (BOM) (01) 134
First Appeal No. 296 of 2003
Shri N.R. Saboo for appellant, Shri A.D. Mohgaonkar for respondent
Laxmanrao s/o Bondraji Nandurkar
Maharashtra State Electricity Distribution Co. Ltd.
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Nature of Litigation
Appeal against order of Commissioner under Workmen's Compensation Act rejecting claim for compensation.
Remedy Sought
Compensation for death of employee due to stabbing at workplace.
Filing Reason
Employee was stabbed and died during working hours within workshop premises; employer denied liability.
Previous Decisions
Commissioner under Workmen's Compensation Act rejected the claim.
Issues
Whether the injury was caused by accident arising out of and in the course of employment?
Submissions/Arguments
Appellant argued that since incident occurred at workplace during working hours, burden was on employer to prove accident did not arise out of employment; employer failed to lead evidence. Respondent did not contest the appeal.
Ratio Decidendi
When an accident occurs at the workplace 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. Failure to discharge this burden results in liability to pay compensation under the Workmen's Compensation Act, 1923.
Judgment Excerpts
The only substantial question of law which arises for consideration in the present appeal is : 'Whether the injury was caused to the appellant by accident arising out of and in the course of his employment ?'
It is undisputed that the incident of stabbing had occurred within the premises of the workshop during the working hours.
The respondent has not led any evidence to discharge the burden of proving that the accident had not arisen out of and in the course of the employment.
Procedural History
The employee Vitthal was stabbed on 30-09-1999 at the workshop during working hours. The legal representative filed a claim under the Workmen's Compensation Act, 1923. The Commissioner rejected the claim. The appellant filed First Appeal No. 296 of 2003 before the Bombay High Court, Nagpur Bench. The appeal was reserved on 07-01-2015 and pronounced on 20-01-2015.
Acts & Sections
- Workmen's Compensation Act, 1923: Section 3
