No compensation for widow of labourer who died after duty: Court

She had claimed compensation stating that Tiwari left the factory after duty hours. It is alleged that a truck rammed into the motorcycle,killing Tiwari,who was the pillion rider.

The Commissioner concluded that the employee was a workman and died while discharging his duty. He awarded Rs 4,15,960 to the wife as compensation. However,United India Insurance Company moved the High Court challenging the commissioner’s order on ground that the accident did not take place when the victim was on duty and that it did not arise out of and in course of employment.

Justice C L Pangarkar took note of the apex court observations in such cases which held that in case of an accident there needs to be a casual connection between the accident and the employment. It was also held that the accident must have been suffered in course of employment.

Justice Pangarkar held that in the instant case Tiwari did not die during the course of his employment and therefore his widow is not entitled to compensation under the Workmen compensation Act,1923.