PUSHPENDRA SINGH BHATI,J. - (1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed for the following reliefs :- 'It is, therefore, most humbly and respectfully prayed that this appeal may kindly be allowed, the judgment and award dated 6.6.2007 passed by the learned Commissioner, Workmen's Compensation Act, Bhilwara in Case No. 43/2004 may kindly be quashed and set aside and the claim petition be ordered to be dismissed as against the appellant with costs throughout and/or in the alternative complete liability be fastened on the employer (whosoever it is) only and the Award may kindly be modified accordingly.' ?
(2.) The unfortunate death of Jabbar Khan happened when he was employed as Driver on Truck No. RJE8537 and died during his course of his employment on 29.8.2000 while travelling with goods i.e. crop of wheat, from Lambha to Hurda and died due to heart attack.
(3.) Mr. Sanjeev Johari, Counsel for the appellant assisted by Mr. Subhankar Johari, submits that it is an admitted fact that Jabbar Khan expired due to heart attack, which is a natural cause of death and that cannot be attributed to his employment. Counsel for the appellant has relied upon the following decision : [1] Jyothi Ademma Vs. Plant Engineer, Nellor and Anr., reported in (2006) 5 SCC 513 and [2] Shakuntala Chandrakant Shresthi Vs. Prabhakar Maruti Garvali and Anr., reported in (2007) 11 SCC 668.;