- (1.) Life ebbed out from the 48 year old mortal frame of her soul mate. While he was functioning as a Surface Trammer in the early monsoon evening of 7.8.2001 in the Kumardihi 'B' Colliery under the Eastern Coalfields Ltd. In the process it not only evaporated all the colours from her life but exposed the respondent to the need for putting her body & soul intact. His death being on account of a cardiac arrest, has formed the subject-matter in this Appeal for the Eastern Coalfields to recuse itself from the award. While it is of poor consolation for her to locate the medico-legal cause of the death of her life's partner, it had been a primordial consideration for the Eastern Coalfields Ltd. to pass off the same as a simple case of respiratory failure unrelated with the nature of job performed by late Surface Trammer Mahal Das. To husband out life's taper, Smt. Atiwari Bai, widow of the deceased presented a Claim Case being No. 19 of 2005 before the learned Commissioner, Durgapur on 5.2.2005. In terms thereof, the Eastern Coalfields Ltd. (Appellant) in F.M.A. No. 530 of 2009 and respondent in Cross-Appeal No. 51 of 2009 was notified. In course of the said proceeding before the learned Tribunal, the claimant examined herself as P.W. 1, a colleague of her late Husband Upendar Yadav as P.W. 2 and the Mining Sardar of the said Colliery Indrapal Thakur examined himself as P.W. 3, while the employer examined Jadu Nandan, Prasad, Senior Manager of the Colliery as O.P.W. 1 and the Medical Superintendent of the said Colliery Dr. A.N. Sarkar as O.P.W. No. 2.
(2.) On the basis of the evidence and materials-on-record Shri D.K. Sinha, learned Commissioner, Workmen's Compensation Court, Durgapur in connection with Claim Case No. 19 of 2005 by His Honours Judgment & Order under Appeal dated 26.11.2008 directed the Employer to pay a compensation of Rs. 3,19,600/- to her but however, did not pass any order for payment of any interest.
(3.) The order of the Commissioner gave rise to two sets of Appeal; one at the instance of the Eastern Coalfields Ltd. questioning the legality of the award since the husband of the deceased did not meet with any accident and it was sought to be impressed that since he suffered from a heart attack, it was a natural death. On the other hand the Cross-Appeal filed by the claimant Atiwari Bai was on the premises that no interest on compensation was granted.;