ORIENTAL INSURANCE CO LTD Vs. MADHUBEN KANJIBHAI CHAUHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 30.11.2004 passed by the Motor Accident Claims Tribunal (Aux.), F.T.C.2, Bhavnagar in Motor Accident Claim Petition No. 393 of 2001 whereby the learned Tribunal has partly allowed the claim petition and awarded an amount of Rs. 3,16, 500/- together with interest at the rate of 6% from the date of the petition till realization.

(2.) ON 19.01.2000 Kanjibhai Madhubhai Chauhan working as a Cleaner was coming from Ahmedabad to Bhavnagar after unloading the goods at Ahmedabad in Truck No. GJ 4T 9884. At night he started vomiting due to heavy work and his health started to deteriorate. When they reached near Dholera Chaukadi near Bhavani Hotel at 1.30 at night, he suffered heart attack and died. The legal heirs of the deceased, therefore, filed the aforesaid claim petition before the Tribunal wherein the Tribunal has passed the award as mentioned hereinabove. It is against the said judgement and award that the present appeal has been filed.

(3.) MR. Shah for MR. Sejpal, learned advocate for the respondent contended that assuming without admitting that death is not because of the use of the vehicle, the claimants were entitled for amount under the Workman Compensation Act. He submitted that instead of remanding the matter to the Tribunal in view of decision of /National Insurance Company Ltd. Vs. Sinitha and Others/, reported in /2011(13) SCALE //84.= 2012 (2) SCC 356, /this Court may award the amount of compensation in view of the provisions of Workmens Compensation Act. The same is opposed by learned advocate for the appellant.