ORIENTAL INSURANCE CO LTD Vs. MANIBEN

JUDGEMENT

(1.) THE appellant herein has challenged the judgement and award dated 05.02.1993 passed by the Commissioner for Workmen's Compensation, Mehsana in W.C. Case No. 4 of 1991 whereby the Commissioner granted Rs. 61236/- by way of compensation to the original claimant.

(2.) IT is the case of the original claimant - wife of the deceased employee that on 14.05.1988 the deceased had been to the factory and died in the premises of the factory. IT is the claim of the claimant that the deceased died during the course of employment and hence is entitled to compensation under the Workmens Compensation Act. The Commissioner under the Act after hearing the parties granted compensation as aforesaid.

(3.) THIS court having heard learned advocates for both the sides and having perused the papers on record is of the view that it is an undisputed fact that the deceased died in the factory premises. From the records it is clear that the deceased had been working in the factory the whole day. The Commissioner has observed that it is only natural and probable to infer that the workman was put to great strain and stress in discharging his duties and that the deceased died due to personal injury and personal injury under the Act means physiological injury also. The fact that the deceased died during the course of employment and from the evidence on record including the post mortem note it is proved beyond doubt that the death was due to occupational hazards. Moreover the death happened during the period of policy of insurance and therefore the insurance company is also liable for payment of compensation along with the employer. THIS court does not find any infirmity in the award passed by the Commissioner.