MANAGING DIRECTOR,NEKRTC CENTRAL OFFICER Vs. MOHURUNISA BEGUM

JUDGEMENT

(1.) Challenging judgment and award dtd. 2/3/2020 passed by I Additional Senior Civil Judge and Commissioner for Employee's Compensation ('Commissioner' for brevity), Kalaburagi, in ECA no.41/2018, this appeal is filed.

(2.) Smt.Preeti Patil Melkundi, learned counsel submitted, appeal was by employer challenging finding of Commissioner that incident of death of workman due to heart attack was in course of or out of employment. It was submitted, an application under Employees Compensation Act (' EC Act ' for brevity), was filed by respondent alleging that on 30/11/2016, her husband Maqdoomsab, employed as driver by NEKRTC and deputed to Humnabad depot, Bidar division, was on duty in NEKRTC bus plying on route 26/27/26 i.e. Humnabad to Bidar, Bidar to Hubballi and back to Humnabad. And at 22:15 hours, when bus was at Bus stand, Kalaburagi, he suffered severe chest pain and fell down on platform. He was immediately rushed to Ganga Multispeciality Hospital, Kalaburagi, where he was declared dead due to cardiac arrest. It was stated as on date of death, workman was 51 years of age and earning monthly salary of Rs.26,926.00. Alleging loss of dependency due to his untimely death, his wife filed claim.

(3.) It was submitted, on service of summons, NEKRTC appeared and filed objections admitting appointment of Maqdoomsab as driver and his deputation to Humnabad. It was however contended, he was not working sincerely, honestly and to full satisfaction of management. And that death due to cardiac arrest was of natural cause and not due to employment. Therefore, employer was not liable to pay compensation.