NATIONAL INSURANCE COMPANY LTD Vs. MARIYAMMAL

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order of Deputy Commissioner of Labour, Coimbatore, awarding Rs.1,47,200/- for the death of Periyasami while he was working in Tea Estate.

(2.) RELEVANT facts which are necessary for disposal of this appeal is as follows:-Periyasami " husband of the first Respondent/claimant was a permanent worker in the second respondent's Estate. He was grazing cattle for the Estate. On 29.07.2000, due to sickness, Periyasami did not attend work. On 30.07.2000, he had taken the cattle for grazing. At about 4 p.m., he had developed chest pain and he was admitted in Estate Hospital. Again on the next day, i.e. 31.07.2000, Periyasami developed chest pain and heart attack and he was taken in Ambulance to Karumalai Group Hospital. Periyasami died of heart attack on the early hours on 01.08.2000. Alleging that the death arose out of and in the course of employment, the first respondent claimant filed Petition under Section 10 of the Workmen's Compensation Act, claiming compensation of Rs.1,56,599/-.

(3.) CHALLENGING the impugned Order, the learned Counsel for the Appellant has submitted that by mere heart attack, it cannot be said that death arose out of and in the course of employment for milking the Insurance Company to pay the compensation. It was further submitted that there was nothing on record to show that the death was consequence of stress and strain in the employment nor was there any nexus between the employment/cattle grazing and the heart attack and the Deputy Commissioner erred in awarding compensation. In support of his contention, the learned Counsel for the Appellant placed reliance upon 2007 ACJ 1 (Shakuntala Chandrakant Shreshti v. Prabhakar Maruti Garvali).