JAYALAKSHMI M SHETTY Vs. RAMESH

JUDGEMENT

(1.) The Appellants are the legal representatives of one Mohan Das Shetty who was working as a driver under Respondent No. 1 and died on 6-3-2002 during the course of his employment. He was aged about 33 years on the date of his death.

(2.) A claim petition was lodged before the Commissioner for Workmen's Compensation, Mangalore in Case No. WCA/SR-2/2003(F) on the ground that the deceased Mohan Das Shetty was working continuously as driver under Respondent No. 1. On 3-3-2002 while discharging his duties as a driver, he was proceeding from Mangalore to Mysore along with the passengers. Before he could reach the Mysore, he suddenly fell ill and stopped his vehicle. The passengers shifted him to HOLD'S WORTH MEMORIAL HOSPITAL, Mysore and the deceased had suffered brain hemorrhage. He was advised to shift to a better hospital. Therefore, the claimants had decided to shift him to KMC Hospital, Manipal on 5-3-2002. While shifting him from Mysore to Manipal on the way near Uppinangady, he breathed his last on 6-3-2002. On the ground that Mohan Das Shetty died during the course of employment, a claim petition was lodged. The owner of the vehicle admitted the claim of the claimant.

(3.) The Insurance Company filed its statement of objections stating that it had not issued Policy in favour of the owner of the vehicle and the insurer did not admit the relationship of master and servant between the deceased Mohan Das Shetty and Respondent No. 1. It was also contended that he did not die during the course of employment and he requested the Court to dismiss the petition.