DEPOT MANAGER Vs. A.B.RAZIA SULTANA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the APSRTC against the order of the Commissioner for Workmen 's Compensation and Assistant Commissioner of Labour at Warangal-I in W.C. No.73 of 2001 dt.30.09.2004.

(2.) Brief facts leading to filing of this Appeal are that one Mr. A.B. Saleem was in the employment of the appellant corporation as driver. On 08.06.1997 while he was driving the vehicle bearing No.1483 on the route Hyderabad, he suffered a massive heart stroke. Immediately he was given first aid treatment at Gayathri Hospital, Kothagudem and subsequently on 09.09.1997, while undergoing treatment in Osmania General Hospital, Hyderabad, he died. The dependents of the deceased driver filed a claim petition before the Commissioner for Workmen 's Compensation seeking a compensation of Rs.1,97,600/-. The respondents filed a counter contending that the claim of the dependents that the driver was given restless work, due to which he suffered massive heart stroke, is not correct. It was also submitted that the driver had availed leave from 09.06.1997 to 16.06.1997 for rest and medical check-up and was directed to Tarnaka hospital for treatment and it was during the period of treatment that he died and therefore the death has not occurred out of employment. However, the Commissioner held that the incident has taken place while the driver was on duty. He accordingly granted a compensation of Rs.1,97,600/-. Against the said award, the respondent corporation is in appeal by raising the ground that the deceased had died not because of occupational disease but due to heart attack and therefore there is no nexus between his duty and cause of death.

(3.) Learned counsel for the appellants, Sri B. Mayur Reddy, argued that the death is not due to any reason attributable to the duties of the deceased as a driver and therefore the compensation awarded by the Commissioner is not sustainable.