CHANDRA Vs. MOOGALAR ESTATE

JUDGEMENT

(1.) The substantial question of law raised in this appeal is whether the death of a workman due to aggravated chronic obstructive airway disease would be described as accident arising out of and in the course of employment coming within the ambit of section 3 (1) of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), entitle the legal heir to claim compensation thereunder. The brief facts are as under: The wife of the deceased workman is the appellant. The workman Chellaswamy was employed in the estate of the respondent as a tractor driver. He used to work in the shift from 2 p.m. to 9 p.m. everyday carrying tea-leaves plucked from the plantation to the factory. It was alleged that on 7.8.1993 he suffered a personal injury in that on 7.8.1993 after coming back from his place of employment at about 9 p.m., he complained of severe chest pain, that he was taken to the estate dispensary from where he was taken to the employer's hospital where he was under treatment and that he was referred to Kottayam Medical College where he breathed his last on 21.9.93. The death was described as arising out of and in the course of his employment. The appellant stated that she is the dependant of the deceased, that at the time of his death he was paid Rs. 1,200 as monthly wages and claimed compensation to the extent of Rs. 75,000.

(2.) After preliminary examination, notice was sent to the respondent. The employer appeared and filed written statement. In the written statement filed by the respondent, it was stated that the deceased did not meet with any accident arising out of and in the course of his employment while employed in the estate on 7.8.1993, that he did not suffer a heart attack on 7.8.1993 as alleged and that he did not die due to heart attack. The respondent admitted that the deceased was on duty on 7.8.1993 and he completed his work as usual, that there was no report of any accident. They denied their liability to pay any compensation.

(3.) Three witnesses were examined on the side of the claimant as AW 1, AW 2 and AW 3 and three documents were marked as Exhs. A - 1 to A-3. On the side of the employer two witnesses were examined as RWs 1 and 2. Issues were framed and one of the issues framed is as under: