SHEELA Vs. E S I CORPN

JUDGEMENT

(1.) THIS appeal under Section 82 of the Employees' State Insurance Act, 1948 (for short 'the Act') is directed against the order of the Employees' Insurance Court, Chandigarh, whereby he dismissed the Sheela vs. E. S. I. Corpn. (31. 08. 1989 - PHHC) Page 2 of 5 pn. (31. 08. 1989 - PHHC) Page 2 of 5 application filed by the appellant under Section 75 of the Act. The Facts

(2.) THE appellant's husband was employed with Electronic Products of India, Industrial Area, Chandigarh. The establishment is covered under the Act. The deceased husband of the appellant was also covered under the Act and was allotted insurance No. 2340621 and the appellant is a dependant within the meaning of Section 2 (6-A) of the Act. On December 11, 1981, the deceased husband of the appellant left his house at about 8. 30a. m. to join his duties at 9 a. m. He used to board a local bus at Sector 19, local bus stand. At about 9. 30 a. m. a stranger came to the residence of the appellant and informed her that the person who was carrying the card issued by the Employees' State Insurance Department had expired at the local bus stand Sector 19, Chandigarh. The appellant gave intimation in this regard to the respondent to release the benefits payable to her under the Act. The same were denied necessitating the filing of a petition under Section 75 of the Act.

(3.) THE respondent contested the application primarily on the ground that the death had not occurred out of and during the course of employment. There was no employment injury. The pleadings of the parties gave rise to the following issues;