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1976 Supreme(MP) 34

G.P.SINGH, S.M.N.RAINA
SUNDARBAI – Appellant
Versus
GENERAL MANAGER ORDNANCE FACTORY – Respondent


Advocates Appeared:
GULAB GUPTA, R.P.Sinha,

JUDGMENT :

( 1. ) THE appellant Suderbais husband Moolchand was a workman in the Ordnance Factory, Khamaria, the respondent in this appeal. Moolchand died on 8th May 1969 while working in the Factory. The post mortem examination revealed that Moolchand was suffering from aneurism of aorta and cause of death was rupture of aneurism. The appellant applied to the Commissioner for Workmens Compensation for award of Rs. 7,000 as compensation alleging that death of Moolchand resulted from injury caused by accident arising out of and in the course of his employment. In particular it was alleged that injury was caused due to strenuous work. The respondent denied that the death of Moolchand resulted from any injury by accident arising out of his employment. It was, however, admitted that Moolchand was doing his normal work as a labourer in the Box Plant Section when he died. The appellant led evidence to prove that on 8th May 1969 Moolchand before the tea break was engaged in loading and unloading heavy boxes from a lorry and after the tea break he was cleaning covers when he died (see the evidence of Hari a. W. 3 ). The respondent on the other hand examined the Foreman Harliker (N. A. W. 2)



































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