D.P.MOHAPATRA, S.N.PHUKAN, S.RAJENDRA BABU
State Of Rajasthan – Appellant
Versus
Ram Prasad – Respondent
S.RAJENDRA BABU, J.
(1) A claim was made under the Workmens Compensation Act, 1923 for compensation in respect of death of Smt. Gita who died on account of an accident that took place while she was engaged in doing work for the appellant.
(2) THE accident, it is stated, took place on account of lightning. The contention putforth on behalf of the appellant is that the mishap of death of Smt. Gita due to lightning is in act of God and, therefore, not liable to pay compensation. This contention has been rejected not only by the Commissioner for Workmens Compensation but also by the learned single Judge in appeal and thereafter by a Division Bench in a further appeal. The view taken is that the concept of the liability under the Act is wide enough to cover a case of this nature inasmuch as death had taken place arising as a result of accident in the course of employment. It is no doubt true that accident must have a causal connection with the employment and arise out of it. If the workman is injured as a result of natural force such as lightning though in itself has no connection with employment she can recover: compensation by showing such employment expos
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