LONGJIAN KEC (JV) Vs. COMMISSIONER

JUDGEMENT

(1.) Appellant impugns award dtd. 04.08.2020, whereby compensation has been directed to be awarded to the legal heirs of the deceased workman. Appellant also impugns order dtd. 24.08.2020, whereby penalty, under Sec. 4(1)(3)(b) of the Employees Compensation Act, 1923, equivalent to 30% of the compensation awarded has been directed to be paid.

(2.) The deceased workman, who was then aged 29 years, was working in the fabrication yard. It is stated that the deceased along with co-workers went to the fabrication yard to shift the material from the fabrication yard to girder bed. Deceased felt dizzy and he was advised by the co-worker to sit on the ground. The deceased subsequently became unconscious and when he was shifted to the hospital, he was reported as brought dead.

(3.) The medical opinion with regard to the cause of death is reported as "shock as a result of ante-mortem coronary artery disease and the deceased has consumed alcohol prior to death". The alcohol content is 19.0 mg/100 ml.