BHARATH GOLD MINES LTD Vs. DHANALAKSHMI

JUDGEMENT

(1.) THIS appeal is against the judgment dated 23. 12. 1999 passed in wca. KGF. FC. 15 of 1990 by the Commissioner for Workmen's Compensation, kolar District, allowing the claim petition for compensation.

(2.) THE respondent filed an application dated 4. 6. 1990 before the Commissioner for Workmen's Compensation, for grant of compensation in respect of the death of her son Shivanesan who was working in the appellant company as Blaster Assistant. He died on 8. 2. 1988, as a result of the employment injury, which he sustained on 27. 1. 1988. According to the claimant, her son who met with an accident on 27. 1. 1988 was admitted to BGML Hospital and he died on 8. 2. 1988 when he was in-patient in the hospital. According to the claimant, her son while on duty suffered lacerated injury and on account of these injuries, he died. As such, he died on account of the accidental injury in the course of the employment.

(3.) MR. A. S. Bopanna, the learned counsel for the appellant submitted that the deceased was suffering from the chronic nephrotic syndrome from 26. 8. 1987 and he was being treated periodically. All the three doctors who were examined on behalf of the appellant have stated that there was no nexus between the accidental injury and the death of Shivanesan. The death was only due to the disease chronic nephrotic syndrome.