SENIOR DIVISIONAL CONTROLLER NORTH WEST Vs. SHOBA

JUDGEMENT

(1.) THIS appeal is by the employer challenging the order passed by the commissioner for workmen's compensation, belgaum awarding compensation of Rs. 1,26,119 with interest and penalty.

(2.) THE facts in this case are as follows: the respondents are the lrs of the deceased workman somappa alias somashekar hosamane who died on 23. 7. 1994 in k. l. e. hospital at belgaum. The deceased was working as a conductor in the appellant's corporation. On 19. 7. 1994 at about 1. 30 p. m. while he was on his way to report for duty at bailhongal depot, he suddenly collapsed. Thereafter, he was taken to k. l. e. hospital at belgaum for treatment. While he was under treatment in the hospital he died on 23. 7. 1994. This death has made the lrs of the deceased to file a petition before the commissioner for workmen's compensation for compensation.

(3.) ON the pleadings of the parties the commissioner framed several issues. One of such issue, i. e. , issue No. 1 is relevant for consideration in this appeal which reads as follows: