THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL MISCELLANIOUS APPEAL No.4381 of 2003 Date:13.11.2014 Between:
The Singareni Collieries Company Limited, Having its registered Office at Kothagudem, Khammam District, represented by its General Manager at Srirampur, Adilabad District.
. Petitioners.
AND M/s. Hindustan Petroleum Corporation Ltd., Petroleum House, 17, Jamshedji, Tata Road, Mumbai-4000 020, having its Regional Office, Seduncerabad-500 003, rep by the Chief Regional Manager, Mr.S.K. Suri and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL MISCELLANIOUS APPEAL No.4381 of 2003 JUDGMENT:
This appeal is filed against the orders dated 02-08- 2003 in W.C.No.108/1997 of Assistant Commissioner of Labour-I, Warangal.
2. Brief facts leading to this appeal are as follows:
First respondent herein filed application before Commissioner for Workmen’s Compensation claiming compensation for the death of her husband on 08-03-1997. According to the averments of the application, deceased while working in the underground mine developed chest pain and uneasiness and died in the mine and as he died in the course of his employment of the appellant, she is entitled for compensation. Appellant opposed the claim and contended that the death was due to Cardio Respiratory Failure (heart attack) and it is a natural cause, therefore, there is no liability on the employer. On these allegations, two witnesses are examined on behalf of the applicant and two witnesses are examined on behalf of opposite party and seven documents are marked on behalf of the appellant herein. On a consideration of oral and documentary evidence, the Commissioner for Workmen’s Compensation negatived the objection of the employer and granted compensation of Rs.1,97,060/- with interest at 12% per annum from 08-04- 1997, till the date of deposit. Now aggrieved by the same, present appeal is preferred.
3. Heard both sides.
4. Advocate for appellant submitted that the order of the Commissioner for Workmen’s Compensation is contrary to law & evidence and probabilities of the case and he submitted that the deceased died due to heart attack, which is a natural death and it will not come under the purview of Section 3 of the Workmen’s Compensation Act and therefore, the lower Tribunal was wrong in granting compensation.
5. On the other hand, learned counsel for the first respondent submitted that the lower Tribunal has rightly observed that the heart attack was due to the stress and strain and that there are no grounds to interfere with the findings of the lower Tribunal.
6. Now the point that would arise for my consideration in this appeal is whether the order in W.C.No.108/1997, dated 02-08-2003, on the file of Assistant Commissioner for Workmen’s Compensation, Warangal is legal, proper and correct?
7. Point:-There is no dispute that the cause of death was due to Cardio Respiratory Failure. Now according to appellant, as the said cause was a natural cause and it is nothing to do with the employment, the claimant is not entitled to any compensation as the lis does not fall within the purview of Section 3 of Workmen Compensation Act. Admittedly, the deceased was on duty and working in the underground mine, when he got chest pain and uneasiness due to which, he died in the mine itself. The Tribunal, while assessing the evidence of both parties, observed that the heart attack suffered by the deceased was due to the stress and strain on account of the work, therefore, the employer is liable for compensation. The Tribunal has relied on a decision of this Court and held that the case comes within the purview of Section 3 of Workmen’s Compensation Act as the death was occurred during the course of employment. I do not find any wrong appreciation of facts and evidence by the lower Tribunal. On a scrutiny of the material, I feel that the approach of the lower Tribunal was on correct lines and it does not suffer from any illegality. As seen from the evidence, the deceased after covering a distance of 10 Kms by walk in the mine with filled tubs on head, then complained chest pain and that he worked till lost. So as rightly observed by the lower Tribunal due to work stress and strain, the death resulted and on that ground compensation is awarded. I do not find any incorrect findings in the order of the Tribunal and the calculation made by the Tribunal for arriving at Rs.1,91,060/- is on correct lines.
8. For these reasons, I am of the view that there are no grounds to interfere with the orders of the Commissioner for Workmen’s Compensation, Warangal and the appeal is liable to be dismissed as devoid of merits.
9. Accordingly, Civil Miscellaneous Appeal is dismissed as devoid of merits. No costs.
10. As a sequel, miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:13.11.2014 mrb