UNITED INDIA INSURANCE CO, LTD. Vs. NANDA

JUDGEMENT

(1.) The United India Insurance Company has filed this appeal challenging the judgment and order dated 26.02.2010 passed by the Labour Officer and Commissioner for Workmen s Compensation, Sub- Division-I, Belgaum, in WCA:SR:31/2009 (hereinafter referred to as the WCC for brevity).

(2.) The respondents 1 to 4 herein filed the claim petition contending that husband of claimant No.1 and father of claimant Nos.2 to 4, Nagesh Lad was working as a driver in the lorry bearing registration No.KA- 22/7327 belonging to the 5th respondent herein. On 15.12.2008, after loading the sand while he was proceeding towards Machche, due to stress and strain developed chest pain. He had parked the lorry and taken rest in the vehicle itself. However, he died in the lorry due to cardiac arrest. Immediately, a complaint was lodged before the Belagavi Rural Police Station, which has been registered as Crime No.51/2008. The Post Mortem has been conducted and it was found that the cause of death was cardiac arrest. The wife and children of the said Nagesh Lad have filed the claim petition contending that Nagesh Lad died due to heart attack in view of stress and strain during the course and out of employment. Prior to death, the deceased was earning monthly salary of Rs.4,000/- and daily bata of Rs.30/- and he was aged about 40 years at the time of death. The family has lost their bread earner and hence, they sought for compensation of Rs.8 lakhs with interest @ 18% p.a.

(3.) In pursuance of the notice issued by the WCC, the 5th respondent-owner of the vehicle filed written statement admitting that the deceased was working as a lorry driver and he died on 15.12.2008 during the course and out of employment.