PRINCIPAL DIRECTOR Vs. SAROJINI DEVI

JUDGEMENT

(1.) This appeal, under Sec. 30 of the Workmen's Compensation Act, has been preferred against the judgment and award dated 13.09.2010 passed by Workmen's Compensation Commissioner/Assistant Labour Commissioner, Haldwani in WCA No.65 of 2007 as Smt. Sarojini Devi vs. Principal Director, Electronic Service & Training Centre, whereby the appellant has been directed to pay a sum of Rs.2,71,120.00 within a month from the date of order.

(2.) Brief facts of the case are that respondent Smt. Sarojini Devi filed a claim petition before Workmen's Compensation Commissioner against the appellant stating that on 27.12.2002 due to excessive work load her husband i.e. Driver Nand Kishore fell ill during the course of employment, as a result of which he was admitted in the hospital where he died on 31.12.2001 due to heart failure. At the time of incident, the deceased was aged 55 years and was getting salary @ Rs.4467.00 per month. With these averments, claimant filed the claim petition and claimed compensation to the tune of Rs.2,71,120.00, Rs.97,502.00 towards interest @ 12% per annum and penalty of Rs.1,35,560.00. Appellant contested the claim petition and filed its written statement and denied the allegations made in the claim petition. It was alleged by the appellant that the claimant used to remain ill and was alcoholic. Due to illness, he was admitted in Government Hospital, Ramnagar on 27.12.2002 and thereafter was referred to Sushila Tewari Memorial Hospital, Haldwani where on 31.12.2002 he died during treatment. It is also alleged that as per the death certificate issued by the doctor, the deceased died due to heart attack. Appellant denied the allegation that there was excessive work load on the deceased. In support of claim petition, claimant got examined herself as PW1 and proved the contents of the claim petition and also filed certain documentary evidence. On behalf of opposite party-employer, Variksha Ram, Director was examined as DW1, who in his deposition stated that deceased Nand Kishore was posted as driver and had worked till 5 PM. He stated that deceased has not died during the course of employment; in fact, he has died due to heart attack. In cross-examination, this witness has stated that it is possible to have heart ailment due to excessive driving work. After the evidence led by the parties and hearing the parties, the learned Commissioner passed the impugned judgment and award.

(3.) This appeal has been admitted on the following substantial question of law: