ORIENTAL INSURANCE CO. LTD Vs. ARJINDER KAUR

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company against the impugned award dated 24.10.2009 passed by Commissioner for Workmen's Compensation Act, 1923 (Labour Court), Durg, granting a compensation of Rs. 3,56,980.00 plus 30% penalty thereon that is Rs. 1,074,094.00.

(2.) BRIEF facts of the case as per the version of the claimants are that on 16.07.2007 deceased Manjit Singh was assigned duty to drive the Truck bearing Regn. No. C.G. 04-E/4645 owned by non-applicant No.1. After loading the Truck at Raipur, Manjit Singh was going to Pune (Maharashtra) by driving the said Truck. On the way at Sakoli (Maharashtra), all of a sudden he suffered chest pain, due to which, he parked the Truck on the road side and due to further development of pain in chest, his colleague and others have admitted him in District Hospital, Bhandara (Maharashtra) where the doctors have diagnosed him as the patient of brain hemorrhage and paralysis. He was referred to Sector-9, Bhilai Hospital where during the course of treatment, again the deceased suffered heart attack and died on 17.07.2007. It is alleged that the deceased worker died due to heavy burdensome work assigned to him during the course of employment under non-applicant No. 1, which has caused heart attack resulting in his death. At the time of accident, the deceased was aged about 42 years, he was employed as driver by non-applicant No. 1 and was drawing monthly wages of Rs. 4500.00 plus 200.00 as daily allowance. The claimants being legal representatives/dependents have filed application under section 22 of the Workmen's Compensation Act, 1923 (for short 'the Act of 1923') for the total award of Rs.3,79,120.00 on various heads.

(3.) WE have heard learned counsel for the appellant and have also gone through the records.