UNION OF INDIA Vs. KAMLA DEVI

JUDGEMENT

(1.) M .C. Jain, J 1. This appeal under Section 30 of the Workmen's Compensation Act, is directed against the judgment and award dated January 31, 1977, passed by the Commissioner for Workmen's Compensation, Jodhpur, whereby, a sum of Rs. 8,000/ - was awarded by way of compensation together with Rs. 5,00/ - as the cost of the application, to respondents, Smt. Kamla Devi.

(2.) THE facts giving rise to the present appeal may briefly be stated. Respondent, Smt. Kamla Devi presented a claim -application under the Workmen's Compensation Act with the allegation that her husband Arjun Singh was a second Fireman in the Loco shed, Northern Railway, Jodhpur. He went on duty on November 12,1971, at 6.30 A.M, and started working on Engine No. 2389 YP, which was scheduled for 210 Dn. While filling water in the water -tank of the said engine by standing on the tanker, he slipped from the engine, from about 10 feet and fell on the ground. Immediately thereafter, he complained of pain in the chest and abdomen. After the fall, he was immediately removed to the Railway Hospital in an ambulance. Dr. Gulshan, a defence witness, attended him. It is said that there were two vomits at about 8.40 A M., and soon thereafter, he collapsed. The dead body of the deceased, Arjun Singh was sent for post mortem examination to M.G. Hospital, Jodhpur, where Dr. S K. Pathak conducted the autopsy on the dead body. According to him, the death occurred due to heart failure on account of shock. The respondent's case is that her husband met with an accident (sic)arisirg out of and in the course of employment, and consequently, she prayed for award of compensation. The appellant, Union of India, through the Divisional Mechanical Engineer, resisted the application. It was alleged that the deceased sustained no injury and the death of the workman was caused in the normal course. It was, of course, not disputed that the deceased was on duty at the relevant time, and was removed from the place of his work in an (sic)ambularce to the Railway Hospital, where he was admitted and thercafer died. It was also pleaded that the deceased complained of pain In the chest, Meeting of an accident by fall was denied.

(3.) I have heard Mr. M.R. Bhansali, learned Counsel for the appellant; and Mr. L.R. Calla, learned Counsel for the respondent.