JUDGMENT :

1. Heard Mrs. H. Lalmalsawmi, learned Government advocate for the appellants and Mr. Johny L. Tochhawng, learned counsel for the respondent

2. This is an appeal under section 30 of the Employee's Compensation Act, 1923 (‘the EC Act’) filed by the appellant against the judgment and award dated 17.10.2017 passed by the Commissioner under the EC Act in WC Case No. 12/2016 whereby, the Commissioner awarded a sum of Rs. 7,50,480 to the respondent as compensation for the death of her husband in a vehicular accident along with interest at the rate of 7.5% per annum from the date of the accident. Aggrieved with the judgment and award, the State appellant is before this court through the instant appeal.

3. The facts of the case in brief is that the husband of the respondent, who was employed with the Power & Electricity Department (P&E Department), Government of Mizoram as Junior Engineer on 2.3.2015 left Lunglei for Aizawl on Office duty. He first went to Hnahthial for repairing some machines and in the evening he and SDO, Hnahthial left for Aizawl to collect materials for Meter Reading and Transmission (MRT) Sub-Division Office. Thereafter, on 4.3.2015, he was on his way back to Lunglei from Aizawl travelling in his Mahindra Jeep B/R No. MZ 02 A-6446 but he did not arrived at Lunglei as was expected. A report was made to the Kulikawn Police Station, Aizawl on 5.3.2015 by his relatives’ and after a search was conducted by the Police, it was discovered that he met with an accident at Thingkhuang ram, Sialsuk. The vehicle was badly damaged and the deceased was found dead inside the Jeep. As a result, the respondent filed the claim application before the Commissioner under the EC Act claiming compensation for the death of her husband. The appellants contested the claim as opposite party by filing their written statement. The Commissioner framed as many as 4 issues. In support of their claim, the respondent examined 3 witnesses while the appellants examined only one witness. Consequently, the Commissioner, vide his judgment and award dated 17.10.2017 awarded compensation to the respondent as already mentioned herein above.

4. This court while admitting the appeal on 16.5.2018 formulated one substantial question of law, which is as follows.

“Whether the Junior Engineer employee under the Govt. of Mizoram can be said to be an employee under Schedule-2 of the Employee's Compensation Act, 1923?”

5. Mrs. H. Lalmalsawmi, learned Government advocate by referring to section 2(1)(dd) of the EC Act submits that the definition of ‘employee? under the said provision does not include a Junior Engineer employed under the State Government. Likewise, Schedule-II of the EC Act also does not include a Junior Engineer to be an employee within the meaning of section 2(1)(dd) of the EC Act. Therefore, the impugned judgment and award cannot be sustained. She further submits that an objection to this effect was also raised by the appellants in their written statement before the Commissioner but the same was ignored. Therefore, in view of the clear definition of an employee under the EC Act, the judgment and award of the Commissioner should be set aside.

6. Mr. Johny L. Tochhawng, learned counsel for the respondent, on the other hand, submits that the deceased on 2.3.2015 left Lunglei for Aizawl on duty. On 4.3.2015, after collecting the indent materials from the Office of the P&E Department at Zuangtui, he left for Lunglei. Unfortunately, he met with an accident at Thingkhuang ram, Sialsuk and succumbed to his injuries. Referring to section 3 of the EC Act, the learned counsel submits that if personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer will be liable to pay compensation in accordance with the provisions of the EC Act. Since the deceased was employed under the P&E Department and having met with an accident while on duty, the State Government in the Department concerned is liable to com