MANAGEMENT Vs. H JAYALINE RAMOLA

JUDGEMENT

(1.) Being aggrieved by the finding rendered by the Commissioner for Workmen's Compensation, Coimbatore, holding the management, Pachamalai Estate, Valparai, Tamilnadu, to pay compensation to the wife of a Field Executive, said to have suffered a heart attack and died arising out of and during the course of employment at Pachamalai Estate, the appeal has been filed.

(2.) According to the respondent/wife, her husband was a Workman employed as a Field Executive in South Division of Pachaimalai Estate. On 19.07.2004, he attended the work in South Division for allocation of works to the workers and then went to the plucking field No.6 at 7.00 a.m. Thereafter, he went to the Manuring field No.8, about 7.40 a.m. In both fields, he had allocated the works to the workers and instructed the supervisors, about the day-to-day performance of the routine work.

(3.) According to the respondent/claimant, both field Nos.6 and 8 are situated in the highest elevated peak areas and therefore, her husband had to walk to the above said areas. She has further submitted that when he came back to the Estate office between 8.15 to 9.15a.m., to get instructions from the Manager, again, he had returned to field No.6 and 8, to give some specific instructions to the supervisors engaged in plucking and manuring fields. While he was walking upwards to these fields, he had sweating, giddiness and pain and sat on the field. He had also vomited. After a few minutes, he was rushed to Pachamalai Hospital, which is about 2 kms from the work spot. On the way to the hospital, he had vomited and only a nurse was present in Pachamalai Hospital and no medical officer was available. Therefore, he was rushed to Central Medical Hospital to Urlikkal Estate, which is situated about 15 kms from Pachamalai Estate. Due to non availability of an ambulance owned by the Estate, her husband was forced to travel in a car. On the way to Urlikkal from Pachamalai Estate, he became unconscious. Therefore, he was taken to Government Hospital at Valparai, where the Doctor (incharge) informed that her husband was very in a serious condition and advised specialised treatment and thereafter, he was taken to Urlikkal Hospital and on the way, he died.