DIVISIONAL CONTROLLER GSRT CORPORATION Vs. BAI JIVIBEN ARJAN

JUDGEMENT

(1.) This is an appeal by the original opponent in a workmen compensation application before the learned Judge Labour Court and Exofficio Commissioner for Workmens Compensation Rajkot district Rajkot being W. C. (F) Application No. 9 of 1972 allowing the said application of the applicants who are the heirs of the deceased Assistant Traffic Inspector attached to the Gujarat State Road Transport Corporation who got a heart attack while on duty on 26th May 1970 and who later succumbed to the same by awarding a sum of Rs. 10 0 as compensation payable under the Workmens Compensation Act (The Act). ... ... ... ... ...

(2.) Mr. V. V. Patel the learned Advocate appearing for the appellant contends that in the instant case there is no material on record to justify a conclusion that there was a causal connection between the death on the deceased and his duties and that the accident happened out of the specifics employment with the opponent Corporation. He has referred me to several authorities on the subject. They are Kamlabai v. Divisional Superintendent Central Railway Nagpur (1971) 1 L.L.J. 603; Mackinnon Mackenzie and Co. v. Ibrahim Mahomed Issak (1970) 1 L.L.J. 16; Bai Shakri v. New Manekchowk Mills Company Ltd. 1 L. L.J. 585 (II G.L.R. 23) and Messrs. Ramlal Jawahirlal v. Smt. Leela Bai and Others (1972) 2 L.L.J. 598. These decisions are based on consideration of the provisions contained in sec. 3 of the Act the material part whereof so far it concerns the question under consideration in the instant case reads thus:-

(3.) Now applying this test to the facts of the present case in my opinion it would be difficult to come to the conclusion that the injury was caused to the deceased resulting in his death out of the employment meaning thereby that there was causal connection between the death of the deceased and the work he was engaged in at the time when the accident happened. It is to be borne in mind in this connection that there is no history of any previous heart disease or any previous heart attacks and the question therefore of any acceleration of such disease pre existing by virtue of the strain and stress of the duties which the deceased had to perform during the course of his employment does not arise in the instant case. This is a case in which it appears that the deceased got a heart attack for the first time and succumbed to the same within a few days inspite of treatment and as the evidence of Dr. Mankad who had worked as Civil Surgeon and Assistant Civil Surgeon and in whose private hospital at the relevant time the deceased was admitted shows he died of heart attack and as his certificate ex. 26 shows he suffered from acute coronary thrombosis. In his opinion the attack may be due to age overweight body or over exertion or tension.