GURUSHARAN SHARMA AND HARI SHANKAR PRASAD, JJ.

( 1 ) ABDUL Wahid was employed as Master Craftsman in South Eastern railway and was working under Senior divisional Electrical at Electric Loco Shed, tatanagar.

( 2 ) ON 28. 3. 1990, his duty period was from 7 a. m. to 4. 30 p. m. During lunch break between 11 a. m. and 12. 30 p. m. he had gone to his residence and while coming back to his duty at 12. 30 p. m. , on the way at railway level crossing, he was struck down by an electric loco and sustained injuries.

( 3 ) ON his application made under the provisions of the Workmens Compensation Act, 1923, Presiding Officer, Labour court, Jamshedpur, assessed a lump sum amount of Rs. 45,000 payable to him as compensation under the Act with interest at the rate of 6 per cent per annum from the date of accident till payment.

( 4 ) THE General Manager, South Eastern railway, has filed the present appeal under section 30 of the Act, challenging the aforesaid judgment and award.

( 5 ) MR. S. Bose, counsel for appellants, submitted that in view of the fact that the respondent sustained injuries outside the working place, while he was on way from his residence to the place of working, af