NEW INDIA ASSURANCE CO LTD Vs. UJJALA DEBNATH

JUDGEMENT

(1.) The short question involved in this appeal is whether the award of Rs. 1,84,170 along with interest at the rate of 12 per cent per annum given by the Commissioner under the provisions of the Workmen's Compensation Act could be sustained in law in view of the fact that the workman Sudhir Debnath, who was a driver working under Bikash Pal, died at Barasat while on duty.

(2.) I have heard Mr. D.K. Biswas, the learned counsel for the appellant insurance company, also heard Mr. A. Chakraborty, the learned senior counsel assisted by Mr. P.K. Paul, learned counsel for claimants-respondents.

(3.) It may be mentioned here that the deceased was working as a driver under respondent No. 4 is an admitted fact. He was sent on duty from Udaipur to Calcutta with the truck No. TR-01-1695 driven by him. On 1.7.1997, the workman was coming from Calcutta towards Udaipur with the loaded truck. He stopped the vehicle at Barasat town for taking meal. After taking meal, he slept inside the cabin of the vehicle. In the morning he fell ill and complained of chest pain. The attendant of the vehicle along with others removed him to Barasat District Hospital where he was declared dead. It is available from record that he complained of chest pain and, therefore, the death can be connected with the ailment complained of.