UNITED INDIA INSURANCE CO Vs. C S GOPALAKRISHNAN

JUDGEMENT

(1.) RAJAN, a conductor of a bus, died of heart-attack. He died on 15th October, 1981, while he was sleeping in the bus. The end came suddenly before he reached the hospital. The bus in question is KLG 2342.

(2.) THE young widow of Rajan along with her minor child, Dileep, filed an application under Section 22 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act" ). She filed her application on 16th February, 1982, complying with the requirements under Rule 20 of the Kerala Workmen's Compensation Rules (hereinafter referred to as "the Rules" ). The widow--the applicant--claimed an amount of Rs. 21,000 as compensation for the death of her husband.

(3.) OPPOSITE party No. 1, the owner of the vehicle, admitted that the deceased, Rajan, was a workman--conductor--employed under him. The monthly wages of Rajan was also admitted. The specific case of opposite party No. 1 is that the death of Rajan is a natural death and will not come under the purview of the provisions of the Act and as such he is not liable to pay compensation. It was contended that the death occurred while Rajan was not on duty. He said that Rajan had no obligation or necessity to sleep inside the bus and that it was not permitted or authorised for the deceased to sleep in the bus. Opposite party No. 1 further submitted that even if Rajan is entitled to any compensation, that compensation has to be paid by opposite party No. 2, the insurance company.