NATIONAL INSURANCE CO. LTD. Vs. MAHADEVI MALLAPPA

JUDGEMENT

(1.) Award dated 18 .05.2012 passed in W.C.A. S.R . NO.121/2010 by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division No.1 , Belagavi is called in question by the claimants as well as insurer by filing these appeals under Section 30 (1) of the Employee's Compensation Act, 1923.

(2.) Brief facts are that one Mallikarjun Siddappa Bidari was working as a driver in a lorry bearing registration No.MH-10/A-9475 owned by respondent No.1/Sri.Narasappa Kedari Divanamala (respondent No.1 before the learned Commissioner) and insured with appellant insurance company. It is stated that on 26.03.2010, Mallikarjun Siddappa Bidari had attended his duty as a driver in lorry in question under respondent No .1 and at about 5.00 p.m maize was being loaded to lorry. While he was working in the lorry, he developed severe chest pain and he was immediately taken to Dr .Gulabi Hospital of Athani and thereafter, as per the advise of the said doctor he was shifted to Dr.A.A.Pangi's hospital and while he was being shifted, he stopped breathing and he died. It is stated that death of the deceased was on account of work stress. Before the learned Commissioner, respondent No.1 insured appeared and filed written statement admitting employer and employee relationship and he further admitted that on 26 .03.2010 , the deceased had attended duty in his lorry as a driver and he died on account of severe chest pain developed at that time. The appellant-insurer alsofiled written statement and contested the proceedings.

(3.) During the inquiry, wife of the deceased examined herself as PW .1 and EXs.P.1 to 9 were marked. The owner of the vehicle did not examine any witness but he produced Ex.R.1(1) to Ex.R .1(3). Appellant-insurer examined one of its of ficial witness as R.W .1 and EXs.R .2(1) to 2(2) were marked.