SULBHA DILIP PAWAR Vs. SAMEER DILWAR IBUSE

JUDGEMENT

(1.) This is an appeal by the original claimants-dependents of deceased Dilip Bhimrao Pawar (for short "deceased") who are aggrieved with rejection of their Application (W.C.A) No.360/B-87 of 2016 by the Commissioner for Employee's Compensation, Mumbai on 17/9/2018.

(2.) Facts, in brief, are as follows.

(3.) Deceased was an employee of respondent No.1 who was working as a Drive-cum-cleaner. On 16/9/2014, while on duty, he suffered heart attack and died during the course of his employment. Deceased was 45 years old at the relevant time and was drawing salary of Rs.9,000.00 per month. It is the contention of the appellants that the deceased, because of nature of his job, was under stress and tension as he had to drive a heavy vehicle for long distance. It has resulted into a heart disease and, therefore, death of the deceased was due to tension and stress during the course of his employment with respondent No.1. The appellants, therefore, claimed compensation from respondent No. 1 and respondent No.2 i.e insurer since the insurer is also liable to indemnify respondent No.1.