REGIONAL DIRECTOR Vs. NARSABAI WD/O NARAN PANTAJI

JUDGEMENT

(1.) THIS is opponent's Appeal against the Judgment and order dated 6. 3. 1979 of Employees Insurance Court, Ahmedabad, granting declaration that the death of deceased Naran Pantaji was the result of the employment injury and that the applicant is dependent of the said deceased and is entitled to dependents benefit from the opponent.

(2.) BRIEF facts are that an application was moved under Section 77 of the Employees State Insurance Act, 1948 by the widow of Naran Pantaji claiming dependency benefit from the opponent on account of employment injury sustained by her deceased husband who expired on 1. 12. 1974 out-side the Mill Gate. The deceased was employed in Weaving Department of Nagari Mills. He was working for the last 37 years before the accident. On 1. 12. 1974 he was to work in the first shift in the Mill. He reached the gate of the Mill by or about 6. 45 a. m. whereas his shift was to commence from 7. 00 a. m. At about 6. 55 a. m. out-side the gate he collapsed and expired. Post Mortem Report revealed the cause of death as cardiac failure. Alleging that the death was caused due to accident in the course of employment and it arose out of employment, the application was moved. The deceased was aged about 55 years on the date of accident.

(3.) THE opponent contested the said application on various grounds. The accident itself was denied. It was pleaded that the said accident did not occur during and in the course of his employment and as such no question of treating the death of the deceased to be due to employment injury. Consequently it was prayed that the application be dismissed.