NATIONAL INSURANCE COMPANY LIMITED Vs. MUNNI ISMAIL

JUDGEMENT

(1.) The appellant-insurance company has filed this appeal challenging the judgment and order date 20-08-2007 made in Workmen's Compensation No. 102/2007 NF, passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division II, Ballari (hereinafter referred to as 'WCC', for short), fastening the liability to compensate the claimants.

(2.) The respondent Nos. 1 to 4 herein, who are the wife, son, father and mother of the deceased Ismail, filed claim petition contending that the deceased Ismail was working as a driver in the bus bearing registration No. KA-16/4883. On 30-12-2002, as per the instructions of the owner of the bus, he picked up the passengers from Sandur to Ramapur and on that night he stayed at Ramapur. On the next morning at about 5.00 a.m., while he was driving the bus, he got heart attack and collapsed on the steering. Immediately, he was shifted to Ramapur Government Hospital and the doctor declared that the deceased had died due to cardiac arrest. Thereafter, a police complaint was lodged before the jurisdictional police station. They contended that as on the date of the death of the deceased, he was aged about 36 years, earning salary of Rs. 4,000/-per month and daily batta of Rs. 50/-. They contended that the deceased died due to stress and strain during the course and out of employment and that the family lost its only bread earner, and therefore, the owner as well as the insurer of the vehicle were liable to compensate them.

(3.) In response to the notice issued by the WCC, the owner and insurer of the vehicle entered appearance. The owner of the vehicle filed his written statement admitting that the deceased was working as a driver in the bus belonging to him and while he was driving the bus he (deceased) died during the course and out of employment. However, he contended that he was paying salary of Rs. 3,000/- per month.