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2011 Supreme(Ker) 690

K.M.JOSEPH, M.L.JOSEPH FRANCIS
National Insurance Company Ltd. , Rep By Its Manager – Appellant
Versus
P. V. Sheeja – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Smt. Raji T. Bhaskar, Advocate.
For the Respondents:R1 to R6 - Dilip j. Akkara, Advocate.

JUDGMENT :-

K.M. JOSEPH, J. –

1. Appellant is the second opposite party in W.C.C.No.305 of 2003 of the Workmen's Compensation Commissioner, Thrissur. Respondents 1 to 6 are the widow, parents and three minor children of the deceased employee. The 7th respondent is the employer.

2. Respondents 1 to 6 laid a claim before the Commissioner for Workmen's Compensation under Section 22 of the Workmen's Compensation Act, 1923 claiming compensation for the fatal accident caused to the deceased Balakrishnan, alleging that the death occurred during the course of and out of the employment while working in the bus. Late Balakrishnan was a driver under the 7th respondent. According to them, Balakrishnan died on 6.6.2003 due to heart attack which was the direct result of strenuous and continuous work as a driver and the death occurred during the course of and out of the employment while working in the bus.

3. The appellant denied the case that the deceased died due to the direct result of strenuous and continuous work. According to it, it was a natural death and there was no connection with the employment. There are various other contentions raised.

4. Before the Court of the Commissioner, the



















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