JUDGMENT

VIKRAMAJIT SEN, J.

1. Leave granted. We have heard learned counsel for the parties in detail. The Commissioner, Workmen’s Compensation (1st Court), West Bengal held on 24.6.2010 that the Applicant/Respondent had met with an accident on 27.12.1999 while in the employment of the Appellant and that considering his age, wages and injury he was entitled to compensation computed at Rs.12,00,000/- (Rupees Twelve Lac) which is the maximum awardable, together with simple interest at the rate of twelve per cent per annum till the date of realization. The Appellant thereafter approached the High Court of Calcutta but without success as the Division Bench, by its judgment dated 12.8.2011, has dismissed the Appeal. It held that the Respondent, at the concerned time, was on duty on Board on one of the Appellant’s vessels and that “this would mean that he was on duty, any affliction or injury during such time would come within the ambit of Section 3 of the Employee’s Compensation Act, 1923 (the erstwhile Workmen’s Compensation Act, 1923, till its amendment by Act 45 of 2009).” It is evident that the Respondent-employee has succeeded concurrently both on facts as well as on law.

2. Mr. Jaid