ORINTAL INSURANCE CO LTD Vs. SUMANTARI BAI

JUDGEMENT

(1.) This miscellaneous appeal under section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act' for short) is directed against the order dated 24.9.1997 in Case No. 5 of 1996 by the Commissioner for Workmen's Compensation/Labour Court No. 1, Jabalpur awarding compensation of Rs. 77,856 in favour of the claimant- respondent No. 1.

(2.) Claimant-respondent No. 1 is the wife of deceased Gangaram, who was employed as driver by respondent No, 2 and was thus his workman. The appellant is insurer of the truck owned by respondent No. 2. On 24.12.1993 Gangaram was on duty as driver and was taking the truck of respondent No. 2 from Jabalpur to Vairawal, District Junagarh, in Gujarat. He died on way due to heart attack. The claimant-respondent No. 1 alleged that it was on account of strain of work that the death as above occurred. The claim petition was resisted by the appellant.

(3.) The learned Commissioner held that the deceased Gangaram was the workman of respondent No. 2. He died in an accident arising out of and in the course of his employment with the respondent No. 2. An amount of Rs, 77,856 was awarded as compensation, as per Schedule of the Act.