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1955 Supreme(Bom) 265

M.C.CHAGLA, Y.V.DIXIT
Diva Kaluji – Appellant
Versus
Silver Cotton Mills Ltd – Respondent


Judgment

1. This is an appeal against the decision of the Commissioner for Workmens compensation rejecting the claim of the applicant to compensation as the widow of one Kaluji Shivaji who was a weaver in the empoly of the respondent. The evidence shows that Kaluji was wording on the first shift on 6-6-1953 which started at 7-30 a.m. and that he collapsed at about 3-30 p. m. in the weaving department where he was working. He was removed to the hospital, some stimulants were given to him, he became conscious, went home and on that very night at about 12 Oclock he died.

Dr. Vaidya, who has given evidence on behalf of the applicant, gave his expert opinion that if a weaver works about 8 hours in a textile Mill in Ahmedabad in the weaving department in the month of June and collapses unconscious and dies within about 6 hours, it is likely that he must have died of heart failure. He further added that "unconsciousness is a sign of a disease and work is likely to accelerate death of a person suffering from heart disease".

2. Now, the real question that we have to decide is whether there was any evidence on which it could be held that the deceased was suffering from heart disease. Mr. Patel
















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