SUDESH KUMARI Vs. SHIVALIK HATCHERIES PVT LTD

JUDGEMENT

(1.) IN the present appeal, the appellants have assailed the award dated November 17, 2004 passed by the Commissioner under the workmen's Compensation Act, Nalagarh, district Solan, in Case No. 2/2002, titled as Smt. Sudesh Kumari and Others v. Shivalik hatcheries Pvt. Ltd. and Others, whereby their application under Section 21 of the Workmen's compensation Act, 1923 (for short, the Act)stands dismissed. Brief facts giving rise to the present petition are as under:

(2.) SHRI Kashmir Singh, husband of petitioner No. 1 and father of petitioners No. 2, 3 and 4 was employed with respondents No. 1 and 2 as driver on Tempo No. HP-12-2042. On april 12, 1997 the vehicle met with an accident in which Shri Kashmir Singh sustained personal injuries arising out of and in the course of his employment. He had to be hospitalized at rajindra Hospital, Patiala and subsequently at dr. Parmar Nursing Home, Ropar. He became permanently disabled due to multiple injuries which he received on his body. On May 10, 2001, Shri Kashmir Singh died due to heart attack. Allegedly he could not recover from his earlier injuries and the heart attack was a direct result of the said accident. The deceased was 35 years of age at the time of accident and getting a monthly salary of Rs. 2600/ -. The claimants filed a petition claiming compensation.

(3.) THE employees, respondents No. 1 and 2, in their reply admitted the factum of the accident but disputed the claim as death did not arise due to an accident arising out of and in the course of employment. It was, however, stated that full and final payment of Rs. 1,31,671/-stood released in favour of the deceased with respect to the accident which had taken place in the year 1997. Shri Kashmir Singh had not suffered permanent physical disability impairing his earning capacity. In any event he died due to a heart attack at his house when he was off duty.