IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 MFA.No. 7 of 2008() ------------------- WCC.24/2005 OF THE COURT OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION AND DEPUTY LABOUR COMMISSIONER, KOLLAM APPELLANTS: 1ST OPPOSITE PARTY ----------------------------- 1. THE UNION OF INDIA, REP. BY SECRETARY TO THE GOVT. MINISTRY OF SURFACE TRANSPORT, BOARDER ROADS DEVELOPMENT BOAD, B.WING, 4TH FLOOR, SENA BHAVAN, NEW DELHI-110 011. 2. THE DIRECTOR GENERAL BOARDER ROADS SEMA SADAK BHAVAN, NEW DELHI-110 011. 3. THE OFFICER COMMANDING, 1441, BRIDGE CONSTRUCTION COMPANY (GREF), C/O. 99 APO. 4. CHIEF ENGINEER (PROJECT), HQ CE(P) VARTAK, C/O 99APO. BY ADV. SRI.K.SANIL KUMAR, ADDL.CGSC RESPONDENTS: APPLICANTS ----------------------- 1. ROHINI, W/O. LATE N.BABU, PUTHENPURAYIL HOUSE, KOTTAPURAM, CLAPPANA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 2. AKHIL, S/O. LATE N.BABU, -DO- 3. ATHULYA, D/O. LATE N.BABU, -DO- BY ADV. SRI.N.VIMALAN THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 7 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2008 JUDGMENT Koshy, J. Babu, who was employed as Store Keeper Technical in GREF at Sec. C of 1441 BCC at Karisinga, sustained fatal injuries in an accident on 23-6-2001 and he succumbed to the injuries on the same day. The accident took place about one kilo metre away from the unit while the deceased was walking along with a Cook, he was hit by a motor cycle. 2. According to the claimants, Babu was called for attending clearing of goods for department arriving through Railway. There was no other store-keeper and even though he was on off duty and because of the emergency work, he was was called for attending clearing of goods for department arriving through Railway. The accident occurred while the activities was being carried out for the employer. The Commissioner found that apart from the work inside the stores office, the deceased has to accept the stores and account cleared item. The contention of the appellants is that since the accident occurred outside the office hours and out side the office, MFA 7/2008 -2- the accident was not in the course of his employment, even though the accident occurred inside the unit itself. 3. The Commissioner for Workmen's Compensation after considering the evidence found that the accident occurred during the course of the employment and it was arising out of employment. We are of the opinion that there is no substantial question of law in this case so as to enable the appellants to file an appeal under section 30 of the Workmen's Compensation Act, 1923. The accident happened inside the premises of the unit. It cannot be said that the findings are perverse or patently illegal. The deceased was getting Rs.5,220/- at the time of the accident. Rs.4,000/- was taken as his monthly income. Taking the age of the deceased, 186.90 was taken as the age factor compensation was calculated and interest was granted as per section 4A of the Act. 4. In the circumstances, we see no ground to interfere with the findings and the impugned award of the Commissioner. Hence, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge MFA 7/2008 -3- mn.