REGIONAL DIRECTOR E S I C AHMEDABAD Vs. BATULBIBI WD O HAIDERKHAN MIRKHAN

JUDGEMENT

(1.) The appellant The Regional Director Employees State Insurance Corporation Ashram Road Ahmedabad is dissatisfied and aggrieved by the judgment dated 21-3-1980 rendered by the Judge Employees Insurance Court Ahmedabad in Application (ESI) No. 42 of 1978 whereby the learned Judge held that: The applicants are the dependents of the deceased Haiderkhan Mirkhan and entitled to claim dependents benefits payable under the Act and Regulations thereunder to these dependents which the opponents do pay. The opponent to pay to the applicants cost of this application which is quantified at Rs. 80.00 and bear that of its own.

(2.) The short facts involved in this appeal are as under:

(3.) The applicants had examined the widow of the deceased at Exh. 12. She has stated that the deceased was working in the Nagri Mills in the Press Department and on the day of 30-12-1977 at about 9 a.m. or so some co-worker of the deceased informed her that her husband was unwell in the mill. She went to the mill to and that her husband was dead. The applicant has also examined one Babubhai Bhalabhai at Exh. 17 who was a co-worker of the deceased. He has deposed that they were both in the same mill in the same shift. On 30-12-1977 the deceased was also on duty in the Press Department in the shift commencing at 7-00 a. m. They went for tea together at about 9-00 a.m. during recess known as a short recess to the canteen. The canteen of the mill is situated inside the millpremises. Both took tea together but while the deceased was taking tea all of a sudden he fell down. Some time thereafter the doctor was called. It is not in evidence as to who that doctor was nor is he examined. The doctor declared the deceased to have expired.