RANI KOUR Vs. JAGTAR SINGH

JUDGEMENT

(1.) This appeal under section 30 of the Workmen's Compensation Act, 1923 (in short 'W.C. Act') has been filed by claimants against the order dated 21.11.2007 passed by the Commissioner for Workmen's Compensation, Indore in W.C.F. Case No. 79 of 2006. The appeal is admitted on the following substantial question of law:

(2.) The material facts of the case are that Manoharsingh (hereinafter called 'the deceased') was working as a driver in tanker bearing registration No. MP 09-KB 8090. The said vehicle belonged to respondent No. 1. On 12.4.2006 the said tanker was loaded with molasses at Borowa for its transportation to Borali Badnawar at Oasis Distillery, Borali. When Manoharsingh, driver of the tanker, reached near Khalghat, he was not feeling well. He suddenly developed chest pain, but he came to Borali and unloaded the tanker at Oasis Distillery. After unloading he parked the tanker near the distillery and was taking rest in the cabin of the tanker. After some time the cleaner came in the cabin of the tanker and saw that driver had died in the cabin. He was immediately taken to S.H.C. Hospital, Badnawar, where the doctor declared him dead. His post-mortem was conducted at S.H.C. Hospital, Badnawar. Undisputedly the accident had occurred while deceased was performing his duties.

(3.) The appellants herein--the mother, father, daughter and brother (sic widow, 2 sons and daughter)--filed a claim petition under the W.C. Act before the Commissioner for Workmen's Compensation, which was registered as W.C.F. Case No. 79 of 2006. The vehicle was insured with National Insurance Co. Ltd., respondent No. 2.