M.Y. Eqbal, J.

1. This appeal filed under Section 30 of the Workmens Compensation Act is directed against the order dated 25.9.97 passed by the Presiding Officer, Labour Court, Dhanbad in Case No. WC 3/95, whereby he has awarded a sum of Rs. 1,08,100/- to the claimant respondents for injury sustained by him in a Motor Vehicle Accident.

2. The claimant is permanent employee of M/s. Bharat Coking Coal Ltd. and he was working as Timber Mistry at Nudkhurkee Colliery. On 2.2.1990, while he was going to his duties in the night shift starting from 12.00 mid night at about 11.30 p.m., a dumper bearing registration No. BHW 9439 belonging to M/s. Bharat Coking Coal Limited knocked him down near Matigarha Colliery resulting in loss of vision because of head injuries. The claimants further case is that as he was not provided with companys accommodation, he used to come to attend his duties from the near by village and on the fateful day while he was going to duty along with his brother the aforesaid Dumper belonging to M/s. Bharat Coking Coal Limited knocked him down. It was contended by the claimant that since he was going to perform his duties and the accident took place, hence the sam