UNITED INDIA INSURANCE CO Vs. FATHIMA

JUDGEMENT

(1.) Challenging the order of the Commissioner for Workmen's Compensation, Ernakulam dated 30.3.1992 in W. C. C. No. 23 of 1990 the second respondent insurer has filed this appeal.

(2.) The first respondent Fathima, being wife and dependant and her children had filed the claim for compensation in view of the death of late Mohammed. He had died on 11.9.1989 while in harness. Mohammed, as driver had on the relevant date took the stage carriage from Chathamattom to Muvattupuzha. The evidence is that on reaching Muvattupuzha, when the passengers were alighting, he complained of chest pain. His colleagues suggested that he may go to the hospital. He agreed, but offered to park the bus appropriately in the bus stand and as the bus was about to reach the stand, he pulled to a side stopped the vehicle and had collapsed on to the steering wheel (see the evidence of AW 2 Thankachan). He was rushed to the hospital and within minutes he had breathed his last.

(3.) The claim had been preferred in the aforesaid background. The Commissioner framed the appropriate issues. He found that the deceased workman was a workman in a scheduled industry, that the claimants were his dependents, that there was insurance for the vehicle, KBE 8888, and most importantly the accident arose out of and in the course of employment. Compensation as per the index factor was therefore directed to be deposited.