MARIAM ALI MOHMED Vs. BHARUCHA HARDWARE MART

JUDGEMENT

(1.) In present appeal under Sec. 30 of the Workmen's Compensation Act, 1923, the applicants-appellants have brought under challenge the award dated 31-3-1992 passed by the Commissioner for Workman's Compensation (hereinafter referred to as the "Commissioner") in Workman's Compensation Case No. 146 of 1989 whereby the learned Commissioner has rejected the claims-case filed by the heirs/legal representatives of the deceased workman. Aggrieved by the said rejection of the application, the appellants are before this Court.

(2.) The applicants had filed Workman's Compensation Case No. 146 of 1989 stating, inter alia, that the deceased, the husband of the applicant No. 2, was working in the shop of the opponent No. 1 since last three years as a sales-cum-weighman. He was on duty on 22-12-1988. While on duty, he complained about chest pain, hence he was taken to the hospital where he was given primary treatment, and thereafter, he was shifted to the hospital of Dr. Mehta, however, he succumbed to the pain, and died. Since, the compensation was not paid within the time prescribed by the Act, the applicants preferred the compensation case on the ground that the death had occurred due to and in the course of employment, and that therefore, the opponent No. 1 was liable to pay the compensation as per the provisions under the Act. The opponent No. 2 happened to be the insurer, hence the applicants claimed that the opponent Nos. 1 and 2 were jointly and severally liable to pay the compensation, interest and penalty under the Act. On such premise, the applicants impleaded the opponent Nos. 1 and 2 in the aforesaid proceeding. The appellants claimed that at the time of his death the deceased was 40 years old and was earning Rs. 1,200/- per month and the death was on account of accident arisen out of and in the course of employment within the meaning of the phrase under Sec. 3 of the Act. The appellants claimed Rs. 75,000/- towards compensation. They also claimed penalty and interest in accordance with the provision of the Act.

(3.) Whether applicants are entitled to claim compensation, if yes, what amount and from when?