JUDGMENT :

Dinesh Maheshwari, J.

1. Leave granted.

2. The challenge herein is to the judgment and order dated 15.11.2018 passed by the High Court of Karnataka at Bengaluru in Miscellaneous First Appeal No. 10293 of 2012(WC), whereby the High Court has reversed the judgment and award dated 19.06.2012 passed in WC-DVGWCA No.76 of 2010 on the file of the Labour Officer and Commissioner for Workmen’s Compensation, Davanagere(‘the Commissioner’).

3. By the judgment and award dated 19.06.2012, the Commissioner had awarded compensation in the sum of Rs. 4,15,960/-(Rupees four lakh fifteen thousand nine hundred sixty) together with interest @ 12% per annum to the wife and mother of the deceased workman, said to be employed as a driver on the auto-rickshaw belonging to the respondent No. 2. The workman allegedly died while on duty due to cardiac arrest.

4. Shorn of unnecessary details, the relevant aspects of the present case are that the Commissioner, while dealing with the claim made by the present appellants, framed the following issues for consideration:-

“1. Whether the petitioners have proved that, the deceased died due to driving strain on 07.04.2010 while working as driver in the autorick