MANAGER, KALLAR ESTATE Vs. EASWARY

JUDGEMENT

(1.) THE husband of the respondent was employed as a driver in Kallar Estate near Munnar. On 23.3.1998 at 7.30 am., the husband of the respondent reported for duty, put his signature in the Attendance Register and he was ready for work. Immediately he fell unconscious. He was taken to the hospital in Kallar Estate and thereafter, to the General Hospital, where he died of myocardial infraction. No compensation was paid to the widow of the driver. Therefore, she had to approach the Court of the Commissioner for Workmen's Compensation, Kottayam in W.C.C.No.97 of 2001. She claimed a sum of 1,54,008/ - as compensation.

(2.) THE appellant/opposite party entered appearance and filed written statement denying the averments in the application. The appellant raised a contention that the deceased had not attended duty on 23.3.1998 and hence no accident was occurred and no injury was sustained during the course of employment. It was contended that the death of the respondent's husband was a natural death and therefore, compensation was not payable.

(3.) THE Commissioner held that the deceased was a disciplined driver who had worked on all off days including weekly off, that on 22.3.1998 he worked till late in the evening and again on 23.3.1998 morning, he went for his duty at 7.30 am. The Commissioner also held that the deceased husband of the applicant (respondent herein), was a workman as defined under Section 2(1) (n) of the Workmen's Compensation Act and that he died of heart attack on 23.3.1998 morning due to the stress and strain arising from his duties as a driver on 22.3.1998 late evening. It was also held that the accident occurred during and in the course of employment.