MUKUNDAKAM SHARMA, MADAN B.LOKUR, G.C.MITTAL
SOM DUTT BUILDERS LTD – Appellant
Versus
PHOOL KUMARI, WIFE OF LATE MANBIRENDER SINGH – Respondent
( 1 ) THE Appellant is aggrieved by an order dated 9th November, 1993 passed by the Commissioner under the Workmen s Compensation Act, 1923 (for short the Act ).
( 2 ) THE husband of the Respondent was employed by the Appellant as a Special Welder on 19th July, 1988 to work in Amman (Jordan ). While he was so working, on 7th February, 1990 at about 11. 00 a. m. , he felt unwell and was removed to hospital. He died at about 11. 30 a. m. and as per the medical report, he had acute anteroseptal myocardia infarction. In other words, he died of a heart attack.
( 3 ) THE Respondent made a claim for compensation and by the impugned order, the Commissioner awarded a sum of Rs. 75,824/- payable within 30 days from the date of the order.
( 4 ) THE issues framed for consideration by the Commissioner were as follows:-
"1. Whether the claim of the petitioner is not maintainable in view of the preliminary objections raised in the W/s. 2. Whether the deceased died due to an accident arising out of and in the course of his employment. 3. To what amount of compensation the petitioner is entitled. 4. Relief. "
( 5 ) LEARNED counsel for the Appellant neither challenged the quantum of
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