ANANTHAMMA Vs. MANAGING DIRECTOR COOPERATIVE SPINNING MILL LTD

JUDGEMENT

(1.) APPELLANT is the widow of the deceased Ramulu, who has preferred this appeal against the order of the Commissioner for Workmen's Compensation dated 14. 11. 1985 made in Case no. WCA/f-4/81-82 dismissing her application for grant of compensation under the workmen's Compensation Act, 1923 ('the act' for short ).

(2.) IT is not in dispute that appellant's husband late Ramulu was employed and was working as a Reeler in the Spinning mill of respondent No. 1. On 8. 12. 1979 at 8. 45 a. m. when he was attending his work as such in the factory premises his co-worker Suresh s/o Bhaskar heard voice of the deceased saying 'ham'. Then, Suresh sensed the danger in the health condition of the deceased. Therefore, with the permission of the Incharge-Shift-Officer of respondent No. 1 factory, he took the deceased along with him to the city bus-stop at Hubli to take him to the hospital. While they were waiting for a bus at the said busstop the deceased once again gasped his breath saying 'ham' and collapsed there. Thereafter, appellant gave an application to the Commissioner for grant of compensation.

(3.) DURING enquiry, the statements of suresh and of the claimant were recorded by the Commissioner. The defence of respondent employer before the Commissioner was that the death of the deceased was not due to any injury caused to him during the course of the employment.