M.F.SALDANHA
D. P. DIVAKAR – Appellant
Versus
CHAIRMAN/PERSONAL MANAGING DIRECTOR,KUDUREMUKHA IRON AND ORE COMPANY LIMITED,KUDUREMUKHA, MOODIGERE, CHICKMAGALUR DISTRICT – Respondent
( 1 ) THIS is an appeal, which creates a rather delicate situation for the court and raises, once more a situation whereby the court is required to almost bend over backwards for purposes of moulding a relief within the framework of the law. Though the issue appears to be relatively simple, namely, the question as to whether under the provisions of the Workmen's Compensation Act the heirs of the deceased employee are entitled to compensation in the light of the unusual facts of this case, the time frame itself and the paucity of evidence before the trial court have seriously complicated the matter. The appellant, in the year 1980, was employed as a supervisor with the first respondent-company. At the relevant time, his salary was Rs. 801. 80 per month. He was deputed to visit bangalore in connection with some official duties and, in the course of this visit, that too on a sunday, he suddenly died of cardiac arrest. His widow who is the present appellant 1, on her behalf and on behalf of the three minor daughters and one son, filed an application for compensation before the authority constituted under the law. The case made out by her was that her husband was in th
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