DIVISIONAL MANAGER, ORIENTAL INSURANCE Vs. JYOTEMMA

JUDGEMENT

(1.) This appeal is filed by respondent No.3-Insurer challenging the judgment and award dtd. 23/3/2012 in W.C.No.173/2007 passed by the Workman Compensation Commissioner and Labour Commissioner Division-II, Bellary (for short, 'the Labour Commissioner').

(2.) The parties are referred to as per their rankings before the Labour Commissioner under the Workmen's Compensation Act, 1923.

(3.) Deceased Virupakshi, who was father of claimant Nos.2 and 3 and husband of claimant No.1, was working under the respondent No.1-Sri Hari Contractor of Delta Engineering Industries as an employee for respondent No.2-Jindal Company. On 27/2/2006 around 10.45 am, when Virupakshi was doing welding work in the factory premises and also doing cutting of heavy iron rods. At that time concerned person unloading scrap and waste materials from a tipper lorry. All of a sudden scrap and metal materials of tipper lorry fell on the ground leading to lot of noise. The said Virupakshi thought that they were falling upon him and due to said shock and stress, he had a severe heart attack and died. Immediately he was shifted to Government Hospital, Toranagallu, wherein he was declared as brought dead. Thereafter, post-mortem was conducted in Primary Health Centre, Toranagallu. A report was given to Toranagallu police station and on that basis UDR No.6/2006174(c) was registered.