BAI SHAKRI Vs. NEW MANEKCHOWK MILLS LIMITED
LAWS(GJH)-1960-9-7
HIGH COURT OF GUJARAT
Decided on September 27,1960

BAI SHAKRI W/O NARANDAS MAGANLAL Appellant
VERSUS
NEW MANEKCHOWK MILLS LIMITED Respondents


Referred Judgements :-

PARTRIDGE JONES V. JAMES [REFERRED]
HILTON V. BILLINGTON AND NEWTON LTD. [REFERRED]
LAXMIBAI V. THE CHAIRMAN AND TRUSTEES BOMBAY PORT TRUST [REFERRED]
WHITTLE V. EBBW VALE STEEL IRON AND COAL CO. LTD. [REFERRED]





JUDGEMENT

J.M.SHELAT - (1.)This is an appeal under section 30 of the Workmens Compensation Act 1923
(2.)The appellants husband Narandas Maganlal was employed in the Weaving Department of the Respondent Mills on the 14/08/1955 he had gone to work in the second shift which was to commence at 3-30 P M. At 3-20 P.M. while he was sitting in the Grey folding department where he had gone to see a friend he got a serious heart attack and was removed from the Mills to the Civil Hospital. He remained as an indoor patient in the Civil Hospital for about a month and a half and was then discharged. He died on 16/03/1956
(3.)The case of the appellant was that her husband died as a result of the injury caused to his heart by the accident which arose out of and in the course of his employment. The respondents case was that the deceased got an attack at 3-20 P.M. on the 14th of August 1955 before the second shift commenced and while he was sitting in the Grey folding department where he had gone not for the mills work but for his personal work. It was also the case of the respondent that the appellants husband died due to a subsequent heart attack while he Was not in the Mills employment and therefore he cannot be said to have died of an injury which occurred as a result of and in the course of his employment.
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