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2010 Supreme(SC) 143

ALTAMAS KABIR, CYRIAC JOSEPH
Rashida Haroon Kupurade – Appellant
Versus
Div. Manager, Oriental Ins. Co. Ltd. – Respondent


Advocates appeared:
For the Appellant :R.S. Hegde, Chandra Prakash, Rahul Tyagi, J.K. Nayyar, Ashwani Garg, Komal Kishore R. Joshi, P.P. Singh, Advocates. For the Respondents:Ramesh Chandra Mishra, Dr. Meera Agarwal, Advocates.

Judgment :

1. Delay condoned.

2. Leave granted.

3. Despite notice having been served on the respondent Nos. 2 to 5, none of them have chosen to appear to oppose the appeal, when it is taken up for consideration. Learned counsel has, however, entered appearance on behalf of the respondent No.1/insurance company.

4. The appeal is directed against an order passed by the Karnataka High Court in Misc.First Appeal No.3340 of 2004, under Section 30(1) of the Workmen's Compensation Act, 1923, (hereinafter referred to as 'the Act') for setting aside the order dated 31st December, 2003, passed by the Commissioner for Workmen's Compensation, Sub-Division-I, Belgaum, in Case No.WCA/FSR/1/03. By the said judgment, the appeal of the insurance company challenging the compensation awarded by the Commissioner for Workmen's Compensation was partly allowed, upon the finding that since the deceased workman had died of natural causes, namely, a heart attack, the insurance company could not be fastened with the liability of making payment of the said award since there was no nexus between the death of the workman and the accident, which had occurred about six months prior to his death. However, while dis









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