CHANDRAMATHI Vs. EMPLOYEES STATE INSURANCE CORPORATION
HIGH COURT OF KERALA
EMPLOYEES STATE INSURANCE CORPORATION
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(1.) The appellants were applicants in E.I.C. No. 17 of 1992 before the respondent, Employees State Insurance Corporation, Thrissur. They are the wife and children of the insured person late P. Purushothaman who had approached the Court for grant of compensation on account of the accident and death of the said Purushothaman in the course of his employment. The nature of the work attended by late Purushothaman was arduous in nature . He was engaged in carrying milk on a bicycle and distributing the same in houses and lodging rooms. On 27th February, 1989 late Purushothaman had an accident fall from his bicycle and sustained some external injuries. He fell down due to chest pain and giddiness. He was taken to the E.S.I. Dispensary, Meenchanda, Kozhikode from where he was referred to Medical College Hospital, Kozhikode. When he reached the Medical College Hospital, chest pain disappeared and as such he was treated as an out - patient in Medical College Hospital. On 14th March, 1989, again chest pain was developed and he was taken to General Hospital and since he was found suffering from massive heart attack, he was referred to Medical College Hospital, Kozhikode. While he was undergoing treatment, he died at 2.15 a.m. on 22nd March, 1989 on account of Myocardial infraction. The stress and strain of work performed by him was the root cause for development of myocardial infraction resulting in his death. So, as per the appellants, the death of Purushothaman was due to employment injury and the dependents are entitled to get dependents benefits.
(2.) The respondent resisted the claim denying that Purushothaman fell down from the bicycle due to chest pain and giddiness. As per the accident report, while Purushothaman was turning from one road to the other, one of the wheels of the bicycle jumped into a pit and he along with the bicycle fell down and sustained injury to his hip. He took treatment from Medical College Hospital as in - patient. He was treating for I.V.D.P. for the period from 28th February, 1989 to 13th March, 1989. On 14th March, 1989 he was taken to Beach Hospital, Kozhikode due to chest pain and then he was referred to Medical College Hospital, Kozhikode and treated there till 22nd March, 1989. The diagnosis was acute myocardial infraction hemiplegia (L) cerebral syndrome. This is no way connected with the accident met by him on 27th February, 1989. So, the applicants are not entitled to get any benefit as claimed by them.
(3.) The evidence in this case consists of oral evidence of P.Ws.1 and 2 and Exts.P1 to P3 on the side of the appellants and Exts.D1 to D3 on the side of the respondent. The court below after appreciation of the evidence rejected the claim. Aggrieved by the said order of the lower court, this appeal is preferred by the applicants.;
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