JUDGMENT :

G.B. Patnaik, J. - This is an appeal u/s 30 of the Workmen's Compensation Act (for short, referred to as 'the Act') and an interesting question of law has been raised. The question that arises for consideration is: what is the true meaning of the expression "arising out of and in course of his employment" used in Section 3(1) of the Act? Section 3(1) of the Act is extracted herein below in extenso:

Employer's liability for compensation.- (1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:

Provided that the employer shall not be liable --

(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;

(b) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to-

(i) the workman having been at the time thereof under the influence of drink or drugs, or

(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen,