SRI JAYARAM MOTOR SERVICE Vs. PITCHAMMAL

JUDGEMENT

(1.) THIS civil miscellaneous appeal arises out of the orders of the Additional Commissioner for Workmen's Compensation, Madurai in W. C. Application No. 66 of 1973 One Pitchammal, wife of Vanniappa Pillai residing in Vedabadra Sayanar East Street, Srivilliputur, filed the abovesaid W. C. Application No. 66 of 1973, against the management of the Jayaram Motor Service at Srivilliputtur. In the application before the Additional Commissioner for Workmen's Compensation is stated that her husband late Vanniappa Pillai was a workman employed by the opposite party for 17 years prior to 13the June, 1972, and on the 13th June, 1972, he died in the course of his employment. Her husband Vanniappa Pillai left the house for duty on 13th June, 1972, and on the way to the workshop due to heart attack he fell down and was given treatment and subsequently died. She claimed a compensation of Rs. 7,000. In the counter-statement the opposite party admitted that Vanniappa Pillai was working under the opposite party as a watchman and he died on 13th June, 1972. The opposite party denied that he died as a result of fatal accident. The case of the opposite party is that the watchman died near his house at 8 a. m. on 13th June, 1972, when he started to go somewhere, due to old age. After his death his wife applied for the final settlement of the provident fund accumulations with a death certificate from Srivilliputtur Municipality in which it is stated that he died due to old age. In the additional counter-statement it is stated that the husband of the applicant was employed only as a night watchman and that his duty hours closed well before 7 a. m. on 13th June, 1972 and he had no business to go over to the opposite party's workshop during the day time. The applicants husband died due to natural causes and the applicant filed an application before the Additional Commissioner for Workmen's Compensation, Madurai on 20th May, 1973, claiming compensation, only to get an unlawful gain.

(2.) THE Workmen's Compensation Act is enacted for the purpose of enquiring into accidents and for determining the compensation payable to the employees in respect of injury by accident in the course of employment. In the instant case, the deceased was not on duty, nor was he on his way to duty as alleged in the application. Since he died purely due to natural causes, no compensation is payable. The applicant had obtained two death certificates from the Srivilliputtur Municipality. The first certificate was obtained on 26th June, 1972 and the second on 19th March, 1973. Both the certificates disclose that there has not been any medical attendant who attended on the deceased. The first certificate discloses the cause of death as due to "old age" whereas the second certificate discloses the cause of death as due to "angina pectoris", which interpreted in layman's language is "pain and congestion of heart. " The applicant had also obtained a medical certificate long after her husband's death from one Thiru A. R. M. Louis, Homeopathic Physician and Consultant, who presumably is not a Registered practitioner under the Indian Medical Councils Act. Hence the certificate given by him cannot be taken into consideration. Again, even the said certificate does not say that the deceased came to him during his working hours. Hence, judged by all standards, the death of the deceased is soley due to natural causes, for which the applicant is not entitled to any compensation under the Workmen's compensation Act.

(3.) BEFORE the Additional Commissioner for Workmen's Compensation three witnesses were examined on behalf of the applicant. P. W. 1 is one Dr. A. R. M. Louis, Homeopathic Practitioner at Sri-villiputhur. He deposed that on 13th June, 1972, he examined the applicant's husband, Thiru Vanniappa Pillai, that he was suffering from heart disease; that he came to his clinic at 7-30 a. m. on 13th June, 1972, and that when he was examining the patient he expired due to heart failure. The second witness is the applicant. She deposed that her husband left the house at 6 a. m. on 13th June, 1972, for work, wearing a khaki shirt and trouser. She denied the suggestion that her husband was employed only during night as was employed only during night as watchman. The third witness on behalf of the applicant is one P. Mariammal. She deposed that at about 7-30 a. m. on 13th June, 1972, she had seen Thiru Vanniappa Pillai proceeding to work and that he collapsed near the residence of the doctor P. W. 1. On behalf of the opposite party two witness were examined, the first witness is S. Gnanapandian the Branch Manager of the opposite party. He deposed that the deceased person died due to natural causes and that he was wearing dhoti, shirts and angavastram at the time of his death The second witness on behalf of the opposite party is one D. R. Srinivasan the Manager of the opposite party. He deposed that the deceased person did not come to work on the morning of 13th June, 1972, and his death is not due to any accident arising in the course of his employment.