JUDGMENT :

V.G. Bisht, J.

1. This is an appeal under section 30 of the Employees Compensation Act, 1923 (“the Act”) by the appellant employer (original non-applicant) questioning the legality of the judgment rendered in WCA Case No. 95/96 on 11-5-2005 by Commissioner, under the Act, First Labour Court, Nagpur directing appellant to deposit compensation amount of Rs. 1,86,900/-.

2. The applicant No. 1 is widow of late Shri Mohd. Shami S/o Ismail Miyan who was working with the non-applicant as helper and was attached to the Divisional Workshop at Nagpur. The applicant Nos. 2 to 5 are daughters of applicant No. 1.

3. According to applicants deceased workman was on duty on 21-12-1995 and at about 4.30 PM complained of pain in the chest. He was admitted in the Medical College and Hospital by the non-applicant but he died on the same day. According to applicants the death was due to heavy work which the deceased workman was doing and thus, the accident occurred during and in course of employment and therefore, she claimed compensation in the sum of Rs. 1,86,900/- by way of compensation.

4. Non-applicant-MSRTC resisted the application by denying that the death of the deceased workman occurred