The legal determination of whether an assault during employment qualifies as an accident under compensation law hinges on its unexpected nature and relation to employment duties.

1. The present appeal under S.30 of the Employee's Compensation Act, 1923 (formerly known as the Workmen's Compensation Act, 1923) filed by the insurer is directed against the judgment dated 5.3.2019 passed by the learned Commissioner, Employee's Compensation, West Tripura, Agartala, in case No. TS (EC) 3 of 2014.

2. Heard Mr. P.K. Ghosh, learned counsel for the appellant. Also heard Mr. S. Lodh, learned counsel for the claimant - respondent No. 1.

3.1 Background and relevant facts:
The respondent No. 1 instituted a claim application under S.4, S.4 - A and 22 of the Employee's Compensation Act, 1923 seeking compensation for sustaining grievous injuries during the course of employment under the respondent No. 2. He submitted the claim application stating that on 18.4.2013 at about 2300 hrs, while he was driving a vehicle bearing No. TR 01 - V 1653 and performing duty under the owner - respondent No. 2, on that day at Amtali - Khayerpur bypass steel bridge, some miscreants had stopped his vehicle and severely beat him and threw him under the bridge. He underwent treatment at AGMC & GBP Hospital initially, but he was referred to undergo treatment at some hospital outside the State of Tripura.
3.2 His wife had lodged a complaint to the Officer - in - Charge of West Agartala Police Station, and on the basis of her complaint, West Agartala P.S. Case No. 100 of 2013 was registered.
3.3 The claimant - respondent No. 1 was treated in Kolkata with effect from 27.4.2013 to 9.5.2013. He was aged about 32 years and he claimed that his monthly salary was Rs. 12,000 including fooding and prayed for awarding compensation in accordance with law.
3.4 Being summoned, the appellant insurance company, i.e., SBI General Ins. Co. Ltd., represented by its Branch Manager at Agartala, contested the case by filing written statement and stated that the claimant - respondent was not entitled to claim any compensation under the Employee's Compensation Act for the reason that there was no accident and the claimant - respondent suffered injury due to assault caused by the miscreants.
3.5 On the basis of the aforesaid facts, learned Commissioner framed the following issues:
“(a) Whether Dulal Debnath was an employee under Dipak Sutradhar?
(b) Whether Dulal Debnath sustained any injury in course of and arising out of his employment?
(c) Whether the petitioner is entitled to get any compensation? If so, to what extent?
(d) Any other relief the petitioner is entitled to.”
3.6 After considering the evidence and materials on record and having heard the learned counsel, the learned Commissioner awarded compensation of Rs. 5,13,300 with 12 per cent interest in favour of the claimant - respondent vide judgment dated 5.3.2019.
3.7 Being aggrieved by the said award, the Branch Manager, SBI General Ins. Co. Ltd., has preferred the instant appeal before this court.

4.1 Submissions of the appellant:
Mr. Ghosh, learned counsel, in course of hearing contended that the learned Commissioner has misconstrued the relevant provisions of the Employee's Compensation Act. It was a case of assault inflicted by miscreants upon the claimant - respondent which cannot be termed as 'accident'.
4.2 Mr. Ghosh, learned counsel, had laid much emphasis on the charge - sheet submitted by the police before the criminal court, wherein it was stated that 'there was enmity' between the assailants and the claimant - respondent that resulted in the assault upon the claimant - respondent.
4.3 Learned counsel for the appellant further contended that the income of the claimant - respondent was not proved since the owner was silent about the salary / income of the claimant - respondent.
4.4 Finally, the learned counsel had urged to set aside the judgment of the learned Commissioner and absolve the appellant insurance company from its liability to pay the awarded amount of compensation.

5.1 Submissions of the claimant - respondent: