The death of a workman due to a heart attack during the course of employment is an accident arising out of and in the course of employment and is compensable under the Workmen's Compensation Act, 1923.

S.C. Pandey, J.

1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as, the Act) is directed against the order, dated April 21, 1995, passed by the Commissioner for Workmen Compensation-cum-Labour Court, Jagdalpur in Claim Case. No 40/93 (AC).

2. The relevant facts for disposal of this ap- peal are as follows. The respondent is the : widow of Sukhru Ram Nagesh. She filed an application for compensation under the provisions of the Act, claiming that her husband died on July 19, 1992 during the course of employment with the appellant as a result of an accident. Sukhru Ram Nagesh was in the employment of the appellant and he was posted on his duty of helper. He was working in the second shift when he complained of chest pain. Thereafter he suffered a heart attack and fell down from about 150 feet above the ground. He was declared dead. His post morteum examination revealed that he suffered a cardiac respiratory arrest. The respondent claimed compensation worth Rs.78.000 together with interest.

3. The appellant in his reply inter alia took the following stand. It was not disputed that Sukhru Ram Nagesh was working as helper and, therefore, he was covered by the definition of workman under the 'Act'. However, it was denied that Sukhru Ram Nagesh was working at the time he suffered the heart attack on July 19, 1992. It was claimed that Sukhru Ram Nagesh was feeling uneasy and, therefore, he did not join the duty. He was sent for medical help at about 3.45p.m. to the hospital. He died in the Hospital. It was claimed that there was no causal connection with the death of Sukhru Ram Nagesh and, therefore, the appellant was not liable to pay any compensation. The appellant claimed that cardiac respiratory arrest was on account of the fact that the deceased was an old patient of heart ailment. He died due to natural causes and not on account of any work allotted to him by the appellant.

4. The Commissioner for Workmen Compensation has found that Sukhru Ram Nagesh died during the course of his employment as a result of an accident. Therefore, he awarded compensation to the tune of Rs. 71,096 to be paid to the respondent within 60 days of the order failing which the appellant was required to pay interest at the rate of 6% per annum on the amount awarded.

5. In this appeal, Shri Vivek Rugia, learned counsel appearing for the appellant has argued that Sukhru Ram Nagesh could not be said to have suffered personal injury by an accident arising out of and in the course of his employment. According to the learned counsel for the appellant, death of Sukhru Ram Nagesh was due to natural causes. It was submitted that, in order to come to the conclusion that the personal injury, which resulted in the death of the workman, was caused by an accident arising out of and in the course of employment there must be causal connection between the injury and the work done by the workman. There was no such connection and, therefore, the order of the Commissioner for Workmen Compensation was bad in law.

6. The counsel for the respondent, on the other hand, asserted that there was intimate connection of the personal injury of heart failure with the work of Sukhru Ram Nagesh. On account of the stress of the work Sukhru Ram Nagesh suffered the accident of his heart failure. Sukhru Ram Nagesh did not die in ordinary course of nature. He suffered a heart attack due to strain caused by the work he was performing about 150 feet above the ground- He, therefore, tell down and died.

7. Before we begin to examine the rival points of view, it is necessary to refer to findings of fact recorded by the Commissioner for Workmen Compensation. The Tribunal has given a finding that Sukhru Ram Nagesh started tor second shift of duty at about 1.35p.m. in the vehicle provided by the appellant. It is further recorded by the Commissioner for Workmen Compensation that the deceased did not complain about any pain or stress when he started for wor