NATIONAL INSURANCE CO. LTD Vs. NAIMBIBI CHOTUBHAI KURESHI

JUDGEMENT

(1.) HEARD learned Advocate Ms. Megha Jani for appellant - Insurance Co., learned Advocate Mr. D.V. Shah for Respondent No. 1 and learned Advocate Mr. Deepak Patel for Respondent No. 7.

(2.) IN present appeal, appellant - Insurance Co. has challenged judgment and order passed by W.C. Commissioner, Ahmedabad in W.C. (Fatal) Case No. 133 of 1985 dated 7.2.2001. The W.C. Commissioner has directed appellant to pay Rs. 1 lac being compensation to claimant along with 6% interest from date of accident till date of payment under this order and penalty of Rs. 25,000/ - has been imposed upon Opponent No. 7 - Abad Dairy.

(3.) LEARNED Advocate Mr. Shah appearing for Respondent No. 1 relied upon decision of Division Bench of this Court in case of General Manager, Western Railway, Bombay vs. Mrs. Menaca D. Macwan and Others reported in 1977 ACJ 101. He submitted that workman, who died, was incharge night shift in Railway locoshed; the duty hours was from 8 p.m. to 8 a.m., the incharge day shift sent a message to deceased to take over duty at 4 p.m. as he has to make some arrangement for staff meeting; the deceased who was suffering from pulmonary tuberculosis before his death, vomited blood and fell down in locoshed and died. The question was whether accident arose out of and during the course of employment? The answer is given by Division bench 'yes' because there was casual connection between injury and accident and employment. Relevant Para.1 and 7 are quoted as under :