KARAR AHMED Vs. RAJANNA

JUDGEMENT

(1.) THIS appeal is filed by the insurance company challenging the judgment and award passed by the Commissioner of Workmens Compensation, Sub-Division-2, Bijapur.

(2.) THE Commissioner has awarded compensation to the wife and children of deceased Dasharath Pawar who died on 27-3-2006 due to heart attack, Deceased Dasharath was employed as a labourer in a crushing plant of the 4th respondent Mysore Construction Company Limited. While working as such in the project work of Upper Tunga Project crushing plant, he complined of severe chest pain on 27-3-2006. He was rushed to Meggan Hospital, Shimoga, where he died.

(3.) LEARNED Counsel for the appellant submits that the death of an employee occurring due to heart attack cannot be regarded as an accident arising out of and during the course of his employment. He submits that unless there is direct evidence to show that but for the nature of employment he would not have suffered heart attack, the employer cannot be held liable for such a consequence which is normally attributable to congenital problems. LEARNED Counsel places reliance on a judgment in Jyothi Ademma vs. Plant Engineer, Nellore 2006 ACJ4 2165, to contend that the expression accident means an untoward mishap and it cannot include situation where a person who was suffering from chest disease dies due to heart attack though during working hours.