ORIENTAL INSURANCE COMPANY LTD Vs. NAGARAJ

JUDGEMENT

(1.) CHALLENGING the order of Deputy Commissioner of Labour Commissioner awarding compensation of Rs.1,66,290/- for the death of deceased Nagammal, Insurance Company has preferred this appeal denying its liability.

(2.) FIRST respondent's wife Nagammal was working as an employee under the second respondent at Bombay Burmah Trading Corporation Ltd. and the employees are covered under Insurance Scheme. On 06.09.2000, at about 9.45 a.m., she suffered severe heart attack and she was taken to the hospital by ambulance but she passed away on the way to the hospital. Alleging that the death occurred in the course of employment, first respondent and their son and daughter have filed Petition under Section 10, Workmens Compensation Act, 1923 claiming compensation of Rs.3,00,000/-. Denying any accident at work place, causing injuries to the deceased, management has opposed the claim stating that death was due to heart attack and not due to any accident in the course of employment and while at work. Insurance Company also resisted the claim contending that deceased died due to heart attack and medical records show that she died due to myocordial infraction and that she was suffering from heart disease for several years. As the death was not in course of employment, the claimants are not entitled to any compensation.

(3.) IN the light of the above legal proposition, it is to be considered whether death of Nagammal arose out of and in course of her employment under appellant management.