GEETA SINGH Vs. ABHISHEK GONDI

JUDGEMENT

(1.) This appeal under Sec. 30 of the Employees Compensation Act, 1923 (for short 'Act of 1923') has been filed by the appellants/claimants being aggrieved by the order/award dtd. 23/3/2017 passed by Commis-sioner-cum-Labour Court (for short 'Commissioner') Jagdalpur, CG in Case No. 30/2014/EC Act/Fatal dismissing the claim for compensation instituted by the appellants under Sec. 22 of the Act of 1923.

(2.) The appeal was admitted for hearing on 22/8/2017 on the following substantial question of law: Whether the finding recorded by the Commissioner to the extent that the death of the deceased Vijay Singh was not arising out of and in the course of employment and thereby denying the claim to the claimants was proper,legal and justified?

(3.) Facts of the case in brief are that deceased Vijay Singh ' the husband of appellant/claimant No.1 was working in the employment of respondent No.1 herein to driver the vehicle bearing registration No. CG-17-H-7479. On 10/10/2013 the said vehicle was acquired by respondents No. 3 and 4 for be-ing used in the Assembly Elections at Kanker to carry the police force. On 3/11/2013 Vijay Singh developed pain in his chest and was admitted by the BSF Camp people to Komal Dev Hospital, Kanker where he died during treatment due to cardiac arrest. At the time of death, he was aged about 45 years and was getting the salary of Rs.6,000.00 per month. The vehicle in which the deceased was employed as driver was insured with respondent No.2/insurer.