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1954 Supreme(Bom) 9

CHAGLA, DIXIT
Bhagubai – Appellant
Versus
General Manager, Central Railway, V. T. , Bombay – Respondent


Advocates:
M.V. Jayakar, for Appellant; K.M. Desai, for Respondent.

Judgement

CHAGLA, C.J.:- This is a rather unusual case arising under the Workmens Compensation Act. The facts briefly are that the deceased was a mukadam employed in the Central Railway at Kurla station and he lived in the railway quarters adjoining the Kurla railway station. It was found as a fact that the only access for the deceased from his quarters to the Kurla railway station was through the compound of the railway quarters. On 20-12-1952, the deceased left his quarters a few minutes before midnight in order to join duty and immediately thereafter he was stabbed by some unknown person. It is not disputed by the railway company that the deceased died as a result of an accident, nor is it disputed that the accident arose in the course of his employment.

But what is disputed is that the accident did arise out of the employment of the deceased. The learned Commissioner for Workmens Compensation held that the accident did not arise out of the employment and therefore dismissed the claim made by the applicant, who is the widow of the deceased. She has now come in appeal.

2. Now, it is clear that there must be a causal connection between the accident and the employment in order that th















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