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(Emphasis supplied) Delhi High Court

12. In United India Insurance Company Ltd. v. Kanshi Ram, 2006 ACJ 492 (Delhi High Court), a truck going from Delhi to Hyderabad went missing. The police during investigation, located the truck and found that some of the goods being transported in the truck were stolen and the driver was murdered. The legal representatives of the deceased filed an application for compensation before the Commissioner, Workmen's Compensation which was allowed. The insurance company challenged the order in appeal. Following Rita Devi (supra), Madan B. Lokur, J. as he then was, held the murder to be an accident. The Delhi High Court cited with approval the three English cases, namely, Nisbet v. Rayne and Burn (supra), Board of Management of Trim Joint District School v. Kelly, 1914 A.C. 667 and Clover, Clayton and Company, Ltd. v. Hughes, 1910 A.C. 242. The Delhi High Court also cited the judgments of other High Courts, namely, Bhagubai v. Central Railway, A.I.R. 1955 Bom. 105, Satiya v. Sub-Divisional Officer, Public Works Department Narsimhapur 1974 (2) L.L.N. 204, Varkeyachan v. Thomman 1979 (1) L.L.N. 477, United India Insurance Company Ltd. v. Philo 1996 (3) L.L.N. 116 and Parle Products, Ltd. v. Subir Mukherjee 2001 (I) L.L.J. 964. The relevant portion of the said judgment is reproduced hereunder:-

16. Parle Products, Ltd. v. Subir Mukherjee [2001 (I) L.L.J. 964], was a case in which an employee was travelling from Calcutta to Puri by train to attend an official conference. On the way, he was assaulted and thrown out of the Railway compartment. He sustained multiple injuries including a head injury and became permanently physically disabled. The Division Bench held that there had been an accident, and that the accident had a causal connection with the employment inasmuch as the workman was travelling in the train to attend a conference organized by the employer in terms of a direction issued in that regard to him. Thus, it was held that the accident occurred in the course of his employment.

Calcutta High Court

17. In Parle Products Limited v. Sri Subir Mukherjee (2001) ILLJ 964 Cal., (Calcutta High Court) (DB), an employee travelling in the train to attend a conference, was assaulted and thrown out of the railway compartment which resulted in permanent disability. The employee filed application for compensation under the Workmen's Compensation Act which was allowed. The employer came in appeal before the High Court. The Division Bench headed by S.B. Sinha, J., as he then was, following Rita Devi (supra) held the murder to be an accident and the accident had a casual connection with the employment. The relevant portion of the said judgment is as under:-