Swapan Chandra Das, J.

1. This appeal, under Section 30 of the Workmen's Compensation Act, has been admitted by this Court for hearing on the following substantial question of law.

Whether a death caused due to illness arising out of and in course of employment of the workman could be termed as an accidental death within the meaning of Section 3 of the Workmen's compensation Act.

Heard learned senior counsel, Mr. S Deb assisted by learned counsel, Mr. M.K. Roy for the appellants and learned counsel, Mr. A Gon Choudhury for the respondent No. 2, the New India Assurance Company Ltd.

2. Respondent Nos. 1 and 3 have chosen to remain absent.

3. Brief Fact:

Sanjit Debnath, aged about 21 years, a bachelor, was employed as a Helper-cum-Cleaner of vehicle No. AS-01C-6315 (Truck), by the owner of the vehicle i.e. respondent No. 1. Date of hearing: 22.11.2012 Date of delivery of Judgment & order: 18.12.2012.

Respondent No. 3 was the engaged driver of the vehicle. On 16.08.1999 the vehicle with a load of Cashew nut started from Agartala for Calcutta. The case of the claimant petitioners is that on 21.08.1999 the vehicle reached Koochbihar, West Bengal and due to heavy rains the road was wate