GENERAL MANAGER BARSUAN IRON MINES Vs. MUKTA NAIK

JUDGEMENT

(1.) In this appeal under section 30 of the Workmen's Compensation Act, the General Manager Barsuan Iron Mines, has challenged the decision of the Deputy Labour Commissioner, for Workmen's Compensation. Rourkela (in short, 'the Commissioner'), awarding a sum of Rs. 1,78,490 to the respondent, who is the widow of deceased Bhimsen Naik.

(2.) The deceased was employed in Barsuan Iron Mines. While working as electrical attendant on 26.10.1997 in 'C' shift, the deceased died. In the post-mortem report, it was found that the cause of death was possibly due to syncope; Claim application of the widow for compensation was resisted by the employer on the ground that the deceased had died due to preexisting disease and his death had nothing to do with the employment and as such, the accident did not arise out of the employment.

(3.) The Commissioner found that the deceased was a workman and had died in an accident arising out of and in the course of employment and accordingly awarded compensation.