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Judgment
K. Sreedhar Rao, J.—The following substantial question of law arises for consideration in this appeal.
Whether the employer is not liable to pay compensation for the death of employee in the work premises while not on duty? If so, whether the award made by the W.C. Commissioner is bad in law?
The deceased Mallappa @ Mallikarjuna Bejargie is a driver working under the Appellant at Gokak Depot. The deceased was entrusted the duty of driving the bus from Davanagere to Gokak on 30.3.2000. The deceased reached Gokak by 4.30 a.m. on 31.3.2000. The deceased was not assigned with any duty on 31.3.2000. The deceased was free to go home, yet the deceased stayed back for rest on the terrace of the bus stand. In the morning while getting down from the terrace, the deceased tumbled down resulting in death.
The wife and children made a claim before the W.C. Commissioner seeking compensation. The W.C. Commissioner awarded compensation. The employer is in appeal seeking avoidance of the liability on the ground that the accident was in the course of and out of employment.
The facts narrated above clearly disclose that the assigned duty was completed by the deceased and he was free to go back home, yet he stayed back on the terrace of the first floor of the bus stand. The cause of the accident is totally unconnected with the nature of the employment and its attending hazard. The fact that accident occurred at work place is not a significant criteria for fastening liability on the employer. The manner of accident and cause of death cannot be deemed to be arising out and in the course of employment. Therefore, the award made against the Appellant-employer is bad in law.
The appeal is allowed. The claim petition is dismissed. The amount in deposit to be refunded to the Appellant.