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2006 Supreme(SC) 1105

S.B.SINHA, MARKANDEY KATJU
Shakuntala Chandrakant Shreshti – Appellant
Versus
Prabhakar Maruti Garvali – Respondent


JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Prakash Chandrakant Shreshti (hereinafter called `the deceased) was working as a Cleaner in Vehicle No. MH 09A 9727. The said vehicle belonged to Respondent No. 1. He was travelling in the said vehicle in the night of 27.9.2002. He suddenly developed chest pain. He was admitted to Government hospital, Mangaon where the doctor declared him dead. Indisputably, the incident had occurred while deceased was performing his duties.

3. Appellant herein, the mother of deceased filed a Claim Petition under the Workmens Compensation Act, 1923 (for short, the Act) before the Commissioner for Workmens Compensation which was registered as WCA/SR/19/2003. The vehicle being insured with the United India Insurance Company, it was also impleaded as a party.

4. The fact that at the time of his death, the deceased was discharging his duties is not disputed. The autopsy was conducted wherein the cause of death was opined as Cardiac arrest due to Rupture Aortic Aneurysm. No injury on his body was found. The only evidence which was brought on record was by way of deposition of Appellant. It was alleged :

"...My son died while working in the vehicle of R-1 and du

































































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