DHROPADABAI Vs. M/S. TECHNOCRAFT TOOLINGS

JUDGEMENT

(1.) The present appeal, by special leave, is directed 19 February, 2015against the judgment and order dated 16th July, 2012, passed by the High Court of Bombay Bench at Aurangabad in First Appeal No.462 of 2011, whereby the High Court has allowed the appeal and set aside the award passed by the Commissioner under the Workmen's Compensation Act, 1923, (for short, 'the 1923 Act').

(2.) The facts which are requisite to be stated are that the appellants, the legal heirs of Ambadas Lahane, filed an application for grant of compensation under the 1923 Act before the labour Court, Maharashtra at Aurangabad, forming the subject matter of Application No.51 of 2006. It was asserted in the application that the appellant No.1, Dhropadabai, is the wife and the other respondents were minor children of the deceased -employee, who had suffered a chest pain at the work place about 8.30 a.m. on 2nd April, 2005. He was immediately taken to the Medical College Hospital, Ghati, Aurangabad, where he was declared dead. After the death took place, the appellant No.1 approached the authorities of the respondent -employer for grant of compensation. As the same was not granted, she along with her children, was compelled to move the labour Court.

(3.) Before the labour Court, the employer, the respondent herein, took two fold stand, namely, (i) that the legal heirs of the deceased - employee were not entitled to get any compensation under the 1923 Act as the deceased -employee was an insured person under the Employees' State Insurance Act, 1948 (for short, 'the 1948 Act'), and (ii) the accident did not occur during course of his employment as the death took place due to coronary disorder, which has nothing to do with the work place. The labour Court framed two principal issues, namely, whether the accident had occurred during course of employment of the deceased -employee, and whether the legal heirs were entitled for grant of compensation amounting to Rs.3 lacs along with 50% penalty and interest at the rate of 18% per annum on the total amount of compensation from the date of accident till realization of compensation amount as per law.