S. Manikumar, J.

Challenge in this civil miscellaneous appeal is to the finding fastening liability on the appellant Insurance company to pay compensation of Rs. 1,32,121/- for the death of one Mr. Prahaladan, a Night Watchman in Devarshola Estate, Thasishola Plantation Pvt. Ltd., Devarshola, Nilgiris District. As per the claim in W.C. No. 3 of 2008, made by the wife, the deceased was employed as a Night Watcher in Devarshola Estate, Coonur, Nilgiris District. On 12.3.2007, when he was engaged in his duty, he fell down from a vulnerable post. He sustained injuries. Besides, there was shock. Though, he was provided with first aid and treated in Estate Garden hospital and thereafter, rushed to Sultan Battery MES Hospital, about 25 kms away from the Estate, he died. The certificate issued by the hospital indicated death was due to stroke as a result of Cerebral Hemorrhage, and also hypertension.

2. According to the widow, her husband earned Rs. 2,264.60p per month, prior to death. Notice of accident was served on the 2nd opposite party on 14.3.2007. As the compensation claimed was not paid by the Management, it resulted in a claim before the Deputy Commissioner of Labour. United India Insurance Company, Ootacamand, the 1st opposite party has opposed the claim, contending inter alia that there was no accident during the course and arising out of employment, with the 2nd opposite party.

3. According to the Insurance company, admittedly the deceased was suffering from hypertension and other diseases, which ultimately led to cerebral hemorrhage and stroke and hence the death was only due to the disease and not due to any employment injury, alleged to have occurred on 12.3.2007. The company has further submitted that in the absence of any police complaint or post mortem conducted on the body, the cause of death cannot be attributed to any employment injury, arising out of an accident during the course of and arising out of the employment, in the plantation estate.

4. Before the Commissioner for Workmen's Compensation viz., Deputy Commissioner of Labour, Coonur, widow of the deceased examined herself, as A.W.1 and reiterated the averments made in the claim petition. A.W.2, is stated to be a co-employee and an occurrence witness. A.W.3 is the Doctor, examined on behalf of the applicant/claimant. Exhibit P-1, Salary chit, Exhibit P-2, Claim petition, Exhibit P-3, death certificate, Exhibit P-4, Certificate issued by MES Hospital, have been marked on the side of the claimant.

5. The 2nd opposite party, has also denied the contention that Prahaladan, husband of the 1st respondent met with an accident, in the course of employment. However, in the counter affidavit, the Sr. Manager, Devarshola Estate has submitted that the deceased was found on the ground vomiting blood around 1.15 a.m., on account of stroke due to cerebral hemorrhage and hypertension, which had nothing to do with the employment and that it was only due to the pre-existing disease. The senior Manager of the Estate has further submitted that the death was natural, on account of the pre-existing ailment and that there was no nexus between the death of the deceased and employment. The Estate Manager in his counter affidavit has further submitted that prior to death, the injured was found unconscious and while he was shifted in an ambulance to Garden Hospital, his blood pressure reading was 140/90 and the Pulse rate recorded 60 per minute, and taking into consideration the physical condition, he was rushed to Muslim Education Society Hospital, at Sultan Battery for further treatment. Without prejudice to the above, he has submitted that in as much as there was an insurance policy with the company, no liability can be fastened on the Estate. In the above said circumstances, prayed for dismissal of the claim, against the Estate.

6. On behalf of Devarshola Estate, Mr. Vinay Devaiah, the Manager of the Estate examined himself as RW1 and reiterated the averments made in the count