( 1 ) THIS appeal is directed against the judgment and award passed by the Commissioner for Workmen Compensation in Application No. 22 of 1980 directing the appellant-Municipality to pay an amount of Rs. 21 600 as compensation to the dependents of deceased workman.

( 2 ) THE workman was employed as a Driver and he was in service of the Municipality since the year 1951. on 5/02/1980 when he was on duty he received heart attack at about 2 p. m. and he was taken to hospital by a co-worker named Jadavbhai. The record of the Civil Hospital has been produced in the case and the staff of the Civil Hospital has also been examined in the case. This evidence shows that the deceased was taken to the Civil Hospital where he was given only preliminary treatment. Further treatment could not be given because cardiac machine was not available. As per the case of the dependents of the workman from the Civil Hospital the deceased was straight taken to Sevashram Hospital while as per the case of the appellant- Municipality the deceased was first taken to his house and from his house he was taken to Sevashram Hospital. However the learned Commissioner found that the deceased was taken