BISRA STONE LIME COMPANY LTD Vs. SUBASINI NAIK

JUDGEMENT

(1.) THIS appeal is directed against the judgment award dated 25th January, 2006 passed by the Commissioner for Workmen's compensation, Rourkela, in W. C. Case no. 26 of 200, awarding an amount of rs. 1,35,560/- as compensation.

(2.) THE sole question of law raised by the employer in this appeal is as to whether the death of the deceased workman due to diabetes mellitus, hypertension and cerebral haemorrhage can be said to have any causal connection with the employment and can it be said that the death of the said workman was due to an accident arising out of and in course of his employment, so a to attract the provisions of Section 3 (1) of the workmen's Compensation Act.

(3.) THE brief facts of the case is that the deceaed Samaru Naik was an employee under the appellant and was working as a Security guard. On 7th January, 2000 he was on 'b' shift duty atthe General Office of the Company. In course of his duty, he felt uncomfortable and became ill. He informed about his illness to the Security Officer over phone and requested to relieve him of his duty, so as to enable him to go for medical treatment, but the concerned Security Officer instructed him to continue in duty till arrival of the reliever of 'c' shift. After arrival of the reliever for 'c' shift, the physical condition of the deceased-workman having deteriorated, he was immediately rushed to the B. S. L. Hospital of the appellant and was admitted in the said hospital at about 10 p. m. , in a semiconscious condition. After admission of the workman in the B. S. L. Hospital, his condition further deteriorated. After preliminary treatment, on the advise of the treating doctor, he was shifted to Ispat General Hospital (I. G. H. for short), Rourkela, and was admitted there at about 1 a. m. in the same night. On the next day, i. e. , 8th January, 2000 at about 4. 30 p. m. the deceased-workman during his treatment died. The deceased-workmen was aged about 55 years old at the time of his death and was the only earning member of the family. The wife of the deceased filed application forclaim before the Commissioner for compensation for the death of the deceased-workman due to an accident arising out of and in course of his employment.