Atul Kumar Jain, J. - (1.) IN this Civil Misc. Appeal the appellant United India Insurance Company has challenged the award dated 31.07.2013 passed by the Commissioner Employee's Compensation Act, 1923, Jaipur District -II in WCC/F/28/2011 titled as Maman Singh v. M/s. Rajasthan, Gujarat, TPT Company & Ors.
(2.) BY the impugned award the commissioner has ordered the appellant to pay a compensation of Rs. 5,96,503/ - to respondent Nos. 1 & 2 (the claimants) and it was also ordered by the Commissioner that on this amount 12% simple annual interest will also be payable by the appellant from 4.11.2010 to the date of payment and in addition, an amount of Rs. 5,000/ - as funeral expenses was also ordered by the Commissioner against the appellant in favour of the claimants. In this appeal, it has been argued by the appellant that no accident had occurred with the injured vehicle. This argument does not raise a substantial question of law, hence, this argument is not tenable before this court.
(3.) IT has further been argued that it has not been proved that death of the 'workman' has arisen out of and in the course of employment on the insured vehicle, it has been argued that there was no causal connection and nexus between death of the 'workman' and use of the vehicle. It was also argued that it was a normal death because of enlarged liver which occurred due to excessive intake of alcohol by the 'workman'. In this regard, appellant relies upon the following rulings: - - "1. Shakuntala Chandrakant Shreshti v. Prabhakar maruti Garvali & another : (2007)11 SCC 668 this was a case under Workmen's Compensation Act, 1923, workman was at work and he died because of Cardiac arrest. It was held by the Apex Court that only because a person dies of Heart attack, the same does not give rise to automatic presumption that the same was caused by way of accident. No legal fiction can be raised. Therefore, it was further held that circumstances must be shown to exist that the death caused by reason of Cardiac arrest was because of stress and strain of work.";