ORIENTAL INSURANCE CO. LTD Vs. BHIMABAI GADHAVE

JUDGEMENT

(1.) This is an Appeal under Sec. 30 of the Workmen Compensation Act, 1923 ('the Act') by the appellant-Oriental Insurance Co. Ltd. questioning the legality of the judgment rendered in FWCA No. 02 of 2004 on 19/07/2006 by Commissioner, under the Act, Bhandara directing the appellant and others jointly and severally liable to pay compensation of Rs.2,43,300.00 with interest @ 12% per annum from the date till due payment.

(2.) The applicant No.1 is widow of late Yogesh Gadhave, who was working with the non-applicant No.3 on the post of 'Tipper driver' on monthly salary of Rs.2500.00. Applicant No.2 is the son of applicant No.1.

(3.) According to applicant-wife, deceased workman was on duty on 15/09/2003 and at about 3-00 a.m. he expired in the premises of Sunflag factory. The work of deceased was to drive the Tipper to collect raw and finished material and to reach it to the different concerning department. On the day of incident due to stress and strain of work he suffered mental, physical and bodily strain and after vomiting blood from his mouth he died. This clearly was because of personal injury in incident arising out of and in course of employment and thus there is a casual connection between the employment and the death.