SURAM RAJAMMA Vs. KURRA VENKAIAH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred under Sec. 30 of Workmen's Compensation Act, 1923 against the impugned order dtd. 16/6/2004 in W.C. No.17 of 2003 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour -II, Guntur.

(2.) Appellants herein were the applicants and the respondents were the Opposite Parties before the learned Commissioner. For the sake of convenience, the parties hereinafter will be referred to as arrayed before the learned Commissioner.

(3.) Case of applicants is that, the deceased Suram Koteswara Rao is the husband of the 1st Applicant and Applicants 2 & 3 are the son and daughter of the deceased. Deceased worked as a lorry driver under the O.P. No.1 and died due to cardiac arrest on 1/12/2002. O.P. No.1 is the owner of the lorry bearing No.AP 7T 1774 and the said vehicle is insured with O.P. No.2. On 27/11/2002, the deceased being the driver of the said lorry, left to Ahmedabad to unload chillies and reached Ahmedabad on 30/11/2002. While so, on the same night, he suffered with chest pain due to stress and strain and immediately got admitted into a private hospital by name Anand Hospital, Ahmedabad. Later, he got shifted to Government Hospital, Ahmedabad for better treatment, but he died on 1/12/2002 due to cardiac arrest. The deceased was aged about 46 years and was getting Rs.4000.00 as salary besides batta of Rs.500.00 to Rs.600.00 per month. Contention of the Opposite Parties: