JAYALAKSHMI M. SHETTY, W/O. LATE MOHANDAS SHETTY, MANISHA, D/O. LATE MOHANDAS SHETTY, SHARNYA, D/O. LATE MOHANDAS SHETTY AND SMT. KALYANI, W/O. LATE KRISHNA SHETTY Vs. SRI RAMESH, S/O. KUKKAPPA GOWDA AND UNITED INDIA INSURANCE CO., LTD.@RESPONDE

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 Memmorial 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.) ; In order to prove their contentions, the first claimant Jayalakshmi got herself examined as P.W.I. She produced the records to show that while discharging duty, the deceased Mohan Das Shetty developed giddiness and immediately, he was shifted to HOLD'S WORTH MEMMORIAL Hospital, Mysore and there he suffered cerebra vascular accident. She was also cross -examined by the Insurance Company. Later the case was reserved for judgment. The Commissioner dismissed the claim petition on the ground that in the medical records of the deceased the Doctors have noted the history of consumption of alcohol and smoking. This order is called in question, in this appeal.