( 1 ) IN this appeal, the question for consideration is whether the death of one Velayudhan following heart attack can be attributed to an accident arising out of and in the course of his employment. The appellant-Insurance Company is aggrieved by the order of the Commissioner for Workmen's compensation, Madikeri, in holding that the deceased died during the course of employment.

( 2 ) THE learned Counsel for the appellant shri A. N. Krishnaswamy submitted that it is an admitted fact that the deceased though was a driver by occupation, went home as he had a pain in the heart and thereafterwards, he was taken to the hospital where he died out of heart attack. Both sides had not disputed this aspect of the matter, but the question is whether the death which occurred in the hospital could be linked to the employment of the deceased under 5th respondent.

( 3 ) THE learned Counsel for the appellant/ insurance company referring to the decision of the Apex Court reported in AIR 1997 SC 432 in the case of Regional Director, ESI corporation and another v. Francis De Costa and another, submitted that by no stretch of imagination cam it be inferred from the facts and circumstances of this c

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