ORIENTAL INSURANCE COMPANY LTD. Vs. DHAPA DEVI

JUDGEMENT

(1.) This miscellaneous appeal under Section 30 of the Workmen' Compensation Act, 1923 (hereinafter 'the 1923 Act') has been filed against the award dated 18-8-2007 passed by the Workmen' Compensation Commissioner, Dausa (hereinafter 'the Commissioner'), whereby the Commissioner has found the respondents No.1 to5- claimants (hereinafter 'the claimants') entitled to compensation for a sum of Rs.4,33,820/- along with interest at the rate of 9% p.a. from the date of accident i.e. 23-1-2001 till the date of payment of compensation.

(2.) The facts of the case are that Laxmi Narayan at the relevant time on 23-1-2001 was working as helper with the respondent company Om Metal Limited (hereinafter 'the Om Metal'). Om Metal had taken a contract for work at Kureu Hydraulic Electric Project, Bhutan. Laxmi Narayan was employed in the said project by Om Metal. In the course of discharging his duties as helper at the aforesaid project, on 23-1-2001 Laxmi Narayan was alleged to have suffered an electric shock and died thereof. In the circumstances, a claim for compensation was laid before the Commissioner Jaipur by the widow, parents and two minor children of Laxmi Narayan stating that the deceased Laxmi Narayan was 24 years of age and earning Rs.1000/- per day at the relevant time. Compensation was accordingly demanded under the 1923 Act from the non claimants employer Om Metal, and non claimant insurance company now the appellant. Reply to claim petition was filed by Om Metal, the employer. It was stated that Laxmi Narayan had not died as a result of any electric shock, but the natural cause of cardiac arrest and as such neither the company Om Metal nor its insurer the appellant company was liable to pay any compensation as claimed. The appellant insurance company on its part also opposed the claim petition stating that as Laxmi Narayan had died on 23-1-2001 because of a cardiac arrest a natural cause without any connection with the alleged electric shock in the course of employment. Therefore neither the company Om Metal nor its insurer the insurance company was liable to pay compensation. Reference was made to the post mortem report of Laxmi Narayan to contend that the cause of death was cardiac arrest not relatable to the employment of Laxmi Narayan as helper with the company Om Metal.

(3.) On the basis of pleadings of the parties, the Commissioner framed four issues. Of relevance to this appeal is the issue as to whether the insurance company, now the appellant, as insurer of 50 workers of Om Metal on its project at Bhutan is liable to pay compensation to the claimants as the dependents of the deceased Laxmi Narayan?