STATE OF RAJASTHAN Vs. MAN KANWAR

JUDGEMENT

(1.) THIS appeal has been filed under Section 30, Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), against the order of the Commissioner for Workmen's Compensation, Udaipur (hereinafter to be called 'the Commissioner') dated January 31, 1986 awarding Rs. 21,600/ - as compensation, Rs. 2,160/ - as penalty and interest and Rs. 140/ - as costs, total Rs. 23,900/ -. The facts of the case giving rise to this appeal may be summarised thus.

(2.) THE deceased Lal Singh was posted as Forest Guard in January, 1983 at Lifafa Forest Outpost. During the night intervening 24th and 25th January, 1983, he had a heart attack while he was on duty. Post -mortem examination on his dead body was performed and the cause of his death was found to be shock due to acute myocardial infarction. A claim petition was filed before the Commissioner by the respondents, No. 1 being widow of the deceased and Nos. 2 and 3 being sons of the deceased Lal Singh. The appellant filed its reply contesting the claim. After framing necessary issues and recording the evidence of the parties, the Commissioner held that the deceased Lal Singh was on duty during the said night, due to overwork he was greatly exhausted and the death was the result of the over -exhaustion and awarded the amounts as said above.

(3.) THE learned counsel for the respondents duly supported the order under appeal. In support of the cross -objection, he contended that the Commissioner should have awarded penalty at the rate of 50 per cent and interest as the appellant had the audacity to completely deny its liability.