UNITED INDIA INSURANCE COMPANY LTD Vs. NEEMA BHANDARI

JUDGEMENT

(1.) RAJEEV Gupta, C. J. This is insurer's appeal under Section 30 of the Workmen's Compensation Act, 1923 against the Award dated 08-10-2004 passed by Commissioner for Workmen Compensation/ Assistant Labour Commis sioner, Haldwani, district Nainital in Case No. WCA 63 of 2002, whereby the appel lant- Insurance Company was directed to pay a sum of Rs. 5,45,140/- (Rupees Five Lakhs Forty Five Thousand One Hundred and Forty only) as compensation and in terest to the claimant.

(2.) FIRST respondent Smt. Neema Bhandari filed an application before the Commissioner for Workmen Compensa tion claiming compensation for the death of her husband Laxman Singh Bhandari, who died during the course of his employ ment with second respondent on 08-07-2002, when he suffered heart attack while boarding a bus at Bus Station Pithoragarh for going to his work place, Chirdila.

(3.) MR. D. S. Patni, the learned coun sel for the appellant Insurance Company submitted that the Commissioner for Workmen Compensation has erred in hold ing that the death of Laxman Singh Bhandari was during the course of his employment. The learned counsel for the appellant, placing reliance on the dictum of the Apex Court in the case of Jyothi Ademma Vs. Plant Engineer, Nellore and another reported in 2006 (5) Supreme 327, contended that as the deceased died on account of heart attack, suffered by him while boarding a bus at Bus Station Pithoragarh which is situated at a distance of about 120 Kms. from his work place Chirdila, the claimant has miserably failed in establishing that the death of deceased Laxman Singh Bhandari was during the course of his employment as a dumper driver with the second respondent.