NORTH WEST KARNATAKA ROAD Vs. MUKTUMBI GOUSASAB MULLA

JUDGEMENT

(1.) THIS appeal is filed u/s 30 of the Workmen's Compensation Act being aggrieved by the award dt.02.05.2005 passed by the Commissioner for Workmen's Compensation, Sub Division-1, Belgaum, in W.C.A.SR.No.134/2004, wherein the Commissioner for Workmen's Compensation has awarded compensation of Rs.3,69,269/- to the dependants of Kutbuddin Gousasab Mulla who was working as driver in the NWKRTC.

(2.) THE applicants are the mother, wife and children of Kutbuddin Gousasab Mulla and they filed claim petition seeking compensation under the Workmen's Compensation Act, averring that on 02.11.2004 Kutbuddin Gousasab Mulla was driving the KSRTC bus bearing No. KA 22 F-989. On the way, since he suffered chest pain, he stopped the bus and he was shifted to the hospital. THE said Kutbuddin Gousasab Mulla died in the hospital wherein it was found that he suffered heart attack due the chest pain arising out of and in the course of his employment as a driver in the respondent-Corporation and therefore the claimants being the legal representatives of the deceased workman are entitled to compensation under the Workmen's Compensation Act. THE petition was resisted by the respondent-Corporation contending that Kutbuddin Gousasab Mulla did not die due to the chest pain arising out of and in the course of employment and that he must have been suffering from heart ailment and therefore the respondent-Corporation is not liable to pay any compensation as the cause of death is not attributable to the course of employment. On behalf of the claimants, the mother of the deceased was examined as PW-1. Ex.P.1 to 5 were got marked. On behalf of the respondents, Sri.Balachandra Jogule who was working as Assistant Labour Officer was examined as RW-1 and got marked Ex.R.1 to 3. THE Commissioner for Workmen's Compensation after considering the contentions of the learned counsel appearing for the parties and the material on record held that the claimants have proved that Kutbuddin Gousasab Mulla died due to the chest pain arising out of and in the course of employment and that the claimants being the mother, wife and children of the deceased are entitled to compensation under the Workmen's Compensation Act from the respondents. THE Commissioner for Workmen's Compensation took the income of the deceased at Rs.4,000/- per month after deducting 50% out of Rs.8,531/- and by applying the relevant factor 156.47, total compensation of Rs.3,69,269/- (which included interest of Rs.56,329/-) was awarded to the claimants. Being aggrieved by the said award, the NWKRTC has preferred this appeal.

(3.) LEARNED counsel appearing for the respondents submitted that the decision relied upon by the learned counsel for the appellant is not helpful to him in the present case as admittedly, Kutbuddin Gousasab Mulla suffered chest pain while he was driving the bus and he stopped the bus and was shifted to the hospital and immediately on the same day, he died due to heart attack and the compensation awarded by the Tribunal is liable to be paid by the appellant as the death was arising out of and in the course of employment.