ORIENTAL INSURANCE OF COMPANY Vs. LATA DEVI

JUDGEMENT

(1.) Present appeal is directed against the judgment and award dated 25.07.2007 passed by Workman Compensation Commissioner, Chamoli whereby compensation of Rs. 2,79,018/- was directed to be paid by Insurance Company to the claimants.

(2.) Brief facts of the present case, inter alia, are that Chandramani was working as mason with Jai Prakash Industries, Vishnu Prayag, Marwari Tehsil Joshimath, District Chamoli. On 09.07.2004, when employee Chandramani was on duty, he started complaining severe stomach ache, therefore, firstly, he was rushed to the Dispensary of respondent no. 4 wherefrom he was taken to District Government Hospital in Ambulance. He died on 17.07.2003 in District Government Hospital during his treatment. At the time of death, Chandramani (employee) was 40 years of age.

(3.) Employer respondent no. 4 was having Group Personal Accident Policy from Insurance Company wherein Chandramani was also one of the beneficiaries. In the written statement, defence taken by the appellant is that Chandramani was only daily wager and he was not a regular employee of respondent no. 4. He did not meet with an accident and he died due to his old stomach ailment, which was aggravated all of a sudden and he was not working at any place as mentioned in Schedule III of the Employee's Compensation Act, 1923, therefore, stomach ailment cannot be attributed to the conditions of service.