DVL PERSONNEL OFFICER WESTERN RLY Vs. ASHIYA BEGAM

JUDGEMENT

(1.) THE question which arises in this appeal is whether the deceased workman died on account of personal injury caused to him by accident arising out of and is in the course of his employment.

(2.) THE facts in brief are that the husband of the respondent Ashiya Begam namely Vazir Ahmad was employed as a Senior Cook with the appellants and was performing duty in the Running Room. He used to cook on the cooking gas. On April 19, 1984 while working in the Running Room there was an accident on account of the excessive gas inhaled by him and he was admitted to the SMS Hospital, Jaipur for treatment. However, he died on April 27, 1984. It is alleged that the deceased received personal injury by accident arising out of and in the course of his employment which resulted in his death.

(3.) IN reply, the appellants submitted that the deceased died on account of his old disease and not due to any accident arising out of or in the course of his employment. According to the appellants there was no accident in connection with the services of the deceased but the death was on account of hypertension, hemiparasis, left side renal failure, pulmonary arrest according to the certificate issued by the Director.