ORIENTAL INSURANCE COMPANY Vs. SUMANBAI

JUDGEMENT

(1.) This appeal is under section 30 of the Workmen's Compensation Act, 1923 by the insurance company. It is directed against an award of Rs. 3,68,340 awarded by Commissioner for Workmen's Compensation whereby the insurance company is directed to pay jointly and severally a sum of Rs. 3,68,340 together with interest at the rate of 9 per cent on account of death of one Ram Sewak.

(2.) At this stage, there is no dispute that respondent Nos. 1 to 6 are the widow, children and parent of one Ram Sewak (since dead). It is not disputed that Ram Sewak was a professional truck driver employed by the respondent No. 7; he died of a heart attack while on duty. Deceased was getting Rs. 4,000 per month as salary plus daily allowance of Rs. 40. It is not disputed that on 15.5.2005 while on way to Indore from Madras, near Burhanpur deceased complained of chest pain so he was taken to Civil Hospital, Burhanpur, but doctors there referred him to M.Y. Hospital, Indore, for treatment. At M.Y. Hospital he was declared dead on arrival.

(3.) According to claimants, deceased died of accident arising out of and during the course of employment, therefore, the appellant and respondent No. 7 are jointly and severally liable to pay compensation under the provision of the Act. Both appellant and respondent No. 7 contested the claim petition. The learned Commissioner after considering the evidence in the light of pleadings found that deceased was an employee of the respondent No. 7 and as professional truck driver, he was getting a salary of Rs. 4,000 with allowance as claimed. It was further held that deceased died of accident arising out of and during the course of employment and at the time of death he was only 45 years of age. According to provisions of the Act, learned Commissioner worked out and awarded a sum of Rs. 3,68,340 as compensation.