ORDER :

This writ petition raises a very interesting question. A construction worker is attacked by some strangers in a construction site. The worker succumbs to the injury. A claim petition is filed before the Commissioner for Workmen’s compensation, under the provisions of The Employees’ Compensation Act, 1923 (hereinafter referred to as ‘the Act’ for short). The question that begs consideration is whether such an incident could be termed as ‘accident’ and brought under the purview of the Act, and whether the landlord could be held liable to pay compensation for the death of the worker?

2. A brief narration of the incident would be necessary, before delving into the question raised for consideration. On 01.09.2010, around 1.15 p.m., Shivalingaiah, who was working and taking shelter in the construction site, finished his work and left the workplace along with his colleague Hanumanthu. At that point of time, two strangers, later identified as Suresha and Nagaraja, sought to extract money from Shivalingaiah. When Shivalingaiah resisted, the strangers attacked him with cement hollow blocks and Shivalingaiah sustained multiple injuries over his body. He later succumbed to the injury.

3.