UNITED INDIA INSURANCE CO LTD Vs. YASODHARA AMMA

JUDGEMENT

(1.) THIS is an appeal by the insurance company against the award of compensation by the Commissioner for Workmen's Compensation, Kozhikode. By the impunged order, the Commissioner had awarded an amount of Rs. 21,600/-

(2.) COUNSEL appearing for the appellant, insurance company, did not canvass the correctness of the quantum of compensation awarded by the Commissioner. He submitted before us that the facts emerged in the case would disentitle the claimant for any compensation at all. He submitted that Section 3 (1) of the Workmen's Compensation Act, 1923, hereinafter referred to as 'the Act', has no application in this case. Further, he submitted that Section 3 (2) of the Act read with Schedule III has no application in the case. The Commissioner has found that the facts revealed in the case would attract Section 3 (1) of the Act. The case of the appellant before us that Section 3 (2) read with Schedule III has no application of the Act seems to be correct. We have no hesitation to hold that the facts disclosed in the case would not attract Section 3 (2) of the Act read with Schedule III. Now we shall briefly state the facts.

(3.) ADMITTEDLY, the deceased was the driver of the 2nd respondent. 1st respondent is the claimant, wife of the deceased. The deceased was driver for 7 years with the 2nd respondent. On the fatal day, he started for his work at 6 A. M. At that time, he was quite normal. He took the vehicle for plying it between Kozhikode and Theekoyi which is about 30 km. from Kozhikode. He developed symptoms of heart disease en route (in the course of his employment) at Perambra. He was hospitalised at Perambra. Then he was taken to Western Hospital at Calicut, where he died. These facts are admitted. The question is, whether these facts would be sufficient for attracting the provisions of Section 3 (1) of the Act. So, we feel that we must quote Section 3 (1) of the Act.