1. This appeal is filed u/s 30 of the Workmen’s Compensation Act being aggrieved by the award dt.02.05.2005 passed by the Commissioner for Workmen’s Compensation, Sub Division-1, Belgaum, in W.C.A.SR.No.134/2004, wherein the Commissioner for Workmen’s Compensation has awarded compensation of Rs.3,69,269/-to the dependants of Kutbuddin Gousasab Mulla who was working as driver in the NWKRTC.

2. The applicants are the mother, wife and children of Kutbuddin Gousasab Mulla and they filed claim petition seeking compensation under the Workmen’s Compensation Act, averring that on 02.11.2004 Kutbuddin Gousasab Mulla was driving the KSRTC bus bearing No. KA 22 F-989. On the way, since he suffered chest pain, he stopped the bus and he was shifted to the hospital. The said Kutbuddin Gousasab Mulla died in the hospital wherein it was found that he suffered heart attack due the chest pain arising out of and in the course of his employment as a driver in the respondent-Corporation and therefore the claimants being the legal representatives of the deceased workman are entitled to compensation under the Workmen’s Compensation Act. The petition was resisted by the respondent-Corporation contending that Kutbuddin Gousasab Mulla did not die due to the chest pain arising out of and in the course of employment and that he must have been suffering from heart ailment and therefore the respondent-Corporation is not liable to pay any compensation as the cause of death is not attributable to the course of employment. On behalf of the claimants, the mother of the deceased was examined as PW-1. Ex.P.1 to 5 were got marked. On behalf of the respondents, Sri.Balachandra Jogule who was working as Assistant Labour Officer was examined as RW-1 and got marked Ex.R.1 to 3. The Commissioner for Workmen’s Compensation after considering the contentions of the learned counsel appearing for the parties and the material on record held that the claimants have proved that Kutbuddin Gousasab Mulla died due to the chest pain arising out of and in the course of employment and that the claimants being the mother, wife and children of the deceased are entitled to compensation under the Workmen’s Compensation Act from the respondents. The Commissioner for Workmen’s Compensation took the income of the deceased at Rs.4,000/-per month after deducting 50% out of Rs.8,531/-and by applying the relevant factor 156.47, total compensation of Rs.3,69,269/-(which included interest of Rs.56,329/-) was awarded to the claimants. Being aggrieved by the said award, the NWKRTC has preferred this appeal.

3. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent-claimants.

4. Learned counsel appearing for the appellant submitted that the cause of death of Kutbuddin Gousasab Mulla was not attributable to discharge of his duties as driver as he suffered heart attack and no material is produced to show the proximity between his employment as a driver and the cause of death. In support of his contention, he relied upon the decision of the Hon’ble Supreme Court in JYOTHI ADEMMA VS. PLANT ENGINEER, NELLOR AND ANOTHER (AIR 2006 SC 2830) wherein the Hon’ble Supreme Court has held that the employer was not liable for paying compensation in respect of an accident arising out of and in the course of employment like workman the dying as a result of heart attack at the work spot wherein the deceased was suffering from chest disease and was previously being treated for such disease and that too his duty was only to switch on and off as such there was no scope for any stress or strain in

his duties and the death cannot be said to have been caused by any accident arising out of and in the course of the employment. He has also relied upon the decision of the Supreme Court in the case of RASHIDA HAROON KUPURADE VS. DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., AND OTHERS (AIR 2010 SC 1006) wherein while considering the question of liab