MOHAN M.SHANTANAGOUDAR,J. - (1.) This appeal arises out of order and judgement of the National Consumer Disputes Redressal Commission, New Delhi (hereinafter 'National Commission') dated 24.04.2009 (hereinafter 'Impugned Order'), allowing Revision Petition No. 331 of 2007 filed by the Respondent No.1 herein, Himachal Pradesh State Forest Corporation (hereinafter 'HPSFC'), against the order dated 9.10.2006 passed by the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (hereinafter 'State Commission') in Appeal No. 281/2004.
(2.) The facts leading to this appeal are as follows: Om Prakash (hereinafter 'deceased') was an employee of Respondent No.1-­ HPSFC posted as a Chowkidar (daily wages) at their Divisional Office, Chopal. On the night of 7.10.1997, the deceased was coming from Banal Depot to Thundal along with one Chandermohan, the forest guard. On the said night, there was heavy rain and storm, therefore, the deceased might have been trapped in it. On the morning of 8.10.1997, on the way to Village Thundal, the deceased was found in a hapless condition around 9:00 AM, smelling of alcohol. When the Chowkidar, Mohan Singh, saw the deceased, he called the Forest Sub-­Inspector, and the deceased was removed to the quarter of Chandermohan. Over there, he was given hot water bath and massaged. However, he subsequently died at about 1:00 PM on 8.10.1997. Thereafter, the forest guard, Chandermohan reached Chopal and lodged FIR on 9.10.1997 at about 2:30 P.M. The Assistant Manager of Respondent No.1-­HPSFC issued a certificate to the effect that the deceased had died on duty while he was working as a daily-­rated Chowkidar.
(3.) The Post-­Mortem Report dated 10.10.1997 stated that no injury was seen on any part of the body of the deceased. Further, that the cause of death was probably asphyxia resulting from regurgitation of food articles into larynx and trachea after consumption of alcohol amounting to about 34.5 mg per 100 ml of urine, which was calculated as per the chemical examiner's report. Expert opinion dated 6.07.1998 was obtained from one Dr. D.J. Das Gupta, M.D. & Former Professor & Head of Department of Medicine and Principal, Indira Gandhi Medical College, Shimla, which stated that the cause of death is due to alcohol ingestion and regurgitation of food into larynx. Medical opinion was also obtained from one Dr. D.S. Puri, M.D. & former Professor & Head of Department of Medicine, Indira Gandhi Medical College, Shimla. As per his opinion dated 17.08.2002, "this level of alcohol in blood and urine is sufficient to cause deep sleep".;