DUKALHINBAI Vs. R.V. PARANJPE

JUDGEMENT

(1.) THE short point involved in this appeal is whether the death occurred during the course of employment on account of cardiac failure the deceased employee's dependents are entitled to claim compensation under the Workmen's Compensation Act ?

(2.) ONE Itwari died on 19-10-79 on which day he was on duty and discharging his work to unload slag from wagons by shovel and worked for two hours. The deceased was getting Rs. 20/- per day as wages and according to the calculations, the dependents are entitled for compensation Rs. 21,600/- under the Workmen's Compensation Act.

(3.) THIS fact is not denied that on the fateful day, i.e. 19-10-79 deceased Itwari was on duty and just after two hours, he complained pain in his chest to a co-worker and he (Itwari) went to a hotel, situated nearby and there he died instantaneously. Admittedly, since Itwari was on duty, Section 3 of the Workmen's Compensation Act makes an employer liable for compensation if personal injury is caused to a workman by accident arising out of and in the course of his employment. The words 'arising out employment' are plain enough and understood to mean "during the course of employment".