B.D. Gupta, J. - (1.) This appeal, under Section 82 of the Employees' State Insurance Act (Central Act 34 of 1948), has come up before us as a result of an order passed by a learned single Judge of this Court directing the appeal to be placed before a Division Bench.
(2.) The appellant, Shyama Devi, laid a claim under Section 75 of the Employees State Insurance Act (hereinafter referred to as the Act) on the assertion that she was the widow of one Badri Prasad Srivas-tava, who was an insured employee in Messrs. Atherton West & Co. Ltd., Kanpur, and that Badri Prasad Srivastava died as a result of personal injury caused by accident on the 10th September, 1954, shortly after midday, whilst he was serving as a coolie employed in Messrs. Atherton West & Co. Ltd.; According to the claim set forward by the appellant, she was also the guardian of Vidyawati, who was the only child left by the deceased.
(3.) The claim was contested. It was admitted that Badri Prasad Srivastava was an insured employee in Messrs. Atherton West & Co. Ltd., Kanpur, but it was asserted that Badri Prasad had not sustained employment injury, as defined in the Act. The case of the respondent was that Badri Prasad died of heart failure, and not as a result of any employment injury, and that, therefore, his dependants were not entitled to lay any claim. The learned Judge, who constituted the Employees' Insurance Court, framed three issues, as follows : "(1) Whether Badri Prasad Srivastava died on the 10th September 1954, on account of employment injury? (2) If the death of Badri Prasad Srivastava was due to employment injury, who are the dependants entitled to get dependants' benefits? (3) If the death of Sri Badri Prasad Srivastava was due to employment injury and his dependants are entitled to dependants' benefits, what should be the amount of the same?";