DURGABAI Vs. EMPLOYEES STATE INSURANCE CORPN

JUDGEMENT

(1.) THIS appeal arises out of an order under section 75 (1) (g) of the employees' State Insurance Act in E. S. I. Application No. 26 of 1995 on the file of e. I. Court, Bangalore dated 18. 8. 1998.

(2.) THE brief facts that led to the filing of this appeal are as under: one P. Madhavan was working as Traffic Incharge at the main office of the respondent No. 3 herein, i. e. , Prakash Road lines Ltd. Admittedly, the respondent No. 3 is dealing with transport business.

(3.) ACCORDING to applicants/appellants on 8. 7. 1994 Madhavan left the house for duty and when he was near Chikkabidarakallu bus stop, he sustained heart attack. He was shifted to the house and the Medical Officer of the company declared him as dead due to heart attack. It was also the case of the appellants that the death has occurred when the deceased left for his duty and on the en route which was the usual route. Therefore, they approached the ESI corporation for compensation which was refused by the Corporation as the death was not in the course and out of employment. Aggrieved by the rejection of the corporation, the appellants approach the e. I. Court claiming ESI benefits.