ORIENTAL INSURANCE COMPANY LIMITED Vs. MINTI JUDDU

JUDGEMENT

(1.)

(2.) The Insurer has raised following two substantial questions of law for determination in this appeal:-

(3.) With a view to appreciating as to whether the aforesaid questions of law, proposed by the insurer, are substantial questions of law and arise out of the impugned award, it would be necessary to first set out few relevant facts. The husband of respondent No.1, father of respondent Nos.2 to 5 and son of respondent No.6, namely, Sushil Hasda was working as Sub-Foreman (Electrical) with respondent No.7 at his stone crusher, namely, M/s Tawi Stone Crusher for the last more than 18 years and was drawing a salary of Rs.6,000/- per month. On 30th November, 2011 at 4.30 pm while the deceased-Sushil Hasda was working at the said stone crusher, he suddenly fell unconscious and died on spot. Regarding the accident, inquest proceedings were initiated by the police of Police Station, Satwari and a special report B dated 27th March 2012 was submitted by the Police Post, Chatha. Autopsy was also performed on the dead body of the deceased on 1st December, 2011e in Govt. Medical College Hospital, Jammu. As per the opinion of the doctors conducting autopsy, the cause of death of the deceased was indicated to "Coronary Artery Disease (Natural Death)". The viscera examination made by the Forensic Science Laboratory, Srinagar indicated that there was no poison detected in the viscera. The Department of Pathology, Govt. Medical College, Jammu, which conducted the pathological analysis for histopathological examination of heart and lung, opined as under:-