ORIENTAL INSURANCE CO. LTD. Vs. PUSHPA DEVI

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 impugning the judgment of the Commissioner dated 14.5.2012 which has allowed the claim petition of the respondents no.1 to 3 herein, dependants of the deceased Sh. Diwan Singh who was employed as a driver by the respondent no.4 herein/employer.

(2.) The facts of the case are that the deceased Sh. Diwan Singh was employed as a first driver to drive the vehicle HR-38H-6417-Truck owned by respondent no.4 herein. On 1.5.2010 deceased Diwan Singh was on an occupational trip from Delhi to Bhiwandi (Maharashtra). The nature of the trip was that the goods which were being transported had to be exported and being a time bound assignment extra labour was put in to ensure timely arrival of the goods at Bhiwandi causing stress and strain upon the deceased Diwan Singh. On 4.5.2010, when the vehicle was one kilometer short of Bhiwandi the deceased Diwan Singh felt pain in his chest. The vehicle was parked on the road side and the deceased lay on the back seat. The second driver then drove the truck upto the office of respondent no.4 herein from where he was taken to the hospital by the staff of the company. The deceased remained in the Balaji Specialty Hospital, Thane-Bhiwandi road, Kalher and on the next date at about 11.00 AM, he expired. It was pleaded by respondent nos. 1 to 3 that the death was caused on account of driving of the heavy vehicle and stress and strain related to the employment resulting in failure of the bodily organ and therefore the death took place because of an accident arising out of and in the course of employment. The truck was admittedly insured with the appellant-insurance company for the period from 31.1.2010 to 30.1.2011 and additional premium was paid to the appellant-insurance company under the Employees Compensation Act.

(3.) The only issue which has been urged on behalf of the appellant before me is that death which is caused on account of failure of a bodily organ i.e heart disease, cannot mean that there is an accident by which the employee suffers injury and dies and therefore there is no scope for applicability of the Employee's Compensation Act, 1923.