JUDGMENT :

G.N. Sabhahit, J.—Mohammed Ibrahim was engaged as a driver in the rice mill section of the Respondent, namely, the Managing Director, Ryots' Agricultural Produce Co-operative Marketing Society, Mandya. On 16.3.1978 he met with an accident during the course of his duty arising out of his employment in the Respondent-factory. As a result of the said accident his right hand palm was irregularly crushed, as contended by the claimant. Immediately after the accident the Respondent took the injured person to the General Hospital, Mandya and he got him admitted there for treatment. In spite of necessary treatment the patient developed tetanus. Subsequently he died of tetanus on 3.4.1978. Hence, his legal heirs namely, wife and children made the application before the Commissioner for compensation. The claim was resisted by the employer. He contended that he was not liable to pay the compensation as the employee died of tetanus and not due to injury sustained in the accident. The Tribunal raised the following points as arising for its consideration:

(1) Whether the death occurred to the deceased due to the accident?

(2) If so, what quantum of compensation to be paid?

After recording