- (1.) RAJEEV Gupta, C. J. This is insurer's appeal under Section 30 of the Workmen's Compensation Act, 1923 against the Award dated 08-10-2004 passed by Commissioner for Workmen Compensation/ Assistant Labour Commis sioner, Haldwani, district Nainital in Case No. WCA 63 of 2002, whereby the appel lant- Insurance Company was directed to pay a sum of Rs. 5,45,140/- (Rupees Five Lakhs Forty Five Thousand One Hundred and Forty only) as compensation and in terest to the claimant.
(2.) FIRST respondent Smt. Neema Bhandari filed an application before the Commissioner for Workmen Compensa tion claiming compensation for the death of her husband Laxman Singh Bhandari, who died during the course of his employ ment with second respondent on 08-07-2002, when he suffered heart attack while boarding a bus at Bus Station Pithoragarh for going to his work place, Chirdila. The employer of deceased Laxman Singh Bhandari and the appellant- Insur ance Company contested the claim on the plea that the death of Laxman Singh Bhandari did not occur during the course of his employment and as such, the claimant was not entitled to any compen sation under the Workmen's Compensa tion Act. The Commissioner, for Workmen Compensation, on the evidence led by the parties, found that Laxman Singh Bhandari suffered heart attack while boarding bus at Bus Station Pithoragarh for going to his work place Chirdila. Fol lowing the decision of the Karnataka High Court in the case of Assistant Executive Vs. Santwa and another (MFA 4428/1997), it was held that the death of Laxman Singh Bhandari was during the course of his employment. Considering the income of the deceased and his age, the Commis sioner assessed the compensation at Rs. 3,68,340/ -. A further sum of Rs. 1,76,800/ - was awarded as interest at the rate of 12% per annum for the period between 08. 07. 2002 and 08. 07. 2004 (there is an apparent mistake in the computation of the amount of interest, as the correct amount of interest @ 12% per annum on the compensation amount of Rs. 3,68,340/- for a period of two years from 08-07-2002 to 08-07-2004 would be Rs. 88,400/- only and not Rs. 1,76,800/- as assessed by the Commissioner in the im pugned Award ).
(3.) MR. D. S. Patni, the learned coun sel for the appellant Insurance Company submitted that the Commissioner for Workmen Compensation has erred in hold ing that the death of Laxman Singh Bhandari was during the course of his employment. The learned counsel for the appellant, placing reliance on the dictum of the Apex Court in the case of Jyothi Ademma Vs. Plant Engineer, Nellore and another reported in 2006 (5) Supreme 327, contended that as the deceased died on account of heart attack, suffered by him while boarding a bus at Bus Station Pithoragarh which is situated at a distance of about 120 Kms. from his work place Chirdila, the claimant has miserably failed in establishing that the death of deceased Laxman Singh Bhandari was during the course of his employment as a dumper driver with the second respondent. Mr. Gopal Narain, the learned counsel for respondent No. 1 claimant Smt. Neema Bhandari, on the other hand, supported the Award and submitted that the Commissioner has rightly held that the death of Laxman Singh Bhandari was during the course of his employment.;