ORDER

1. This First Appeal is filed under section 30 of the Employees Compensation Act, 1923 (“the Act” for short) challenging the order dated 28.10.2010 passed by learned Commissioner for Compensation, Labour Court, Bhavnagar in Workman (Fatal) Case No.69 of 2010, whereby, learned Commissioner for compensation assessed compensation in tune of Rs.2,09,726/- with 9% interest and 25% penalty.

2. Factual aspect are that deceased – Bharat was working at Gondharana with Primary Health Center as driver of vehicle No.GJ.18-866, he was employed by Zilla Panchayat, Bhavnagar. On 22.09.1999, deceased was driving vehicle No.GJ.18-866 to reach at Mahuva camp, meanwhile, due to stress of service, he suffered heart attack and died. He was 42 years, 4 months and 4 days at the time of accident and he was taking Rs.2000/- as monthly salary. Claimants being widow and mother of deceased have filed claim petition claiming themselves as dependents.

3. Heard learned advocate Mr. Munshaw for the appellant and learned advocate Mr.Yash Mohta for learned advocate Mr.Pandya for respondents.

4. It is submitted by learned advocate Mr.Munshaw that deceased was daily wager and therefore, the incident would not cover the Act. It is submitted that deceased being daily wager died in accident, would not permit the Commissioner for Workman Compensation to assess compensation under the Act.

5. As against aforesaid submission, learned advocate Mr.Mohta for respondents relied on judgment of Division Bench of this Court in the case of Bhagwanji Murubhai Sodha v/s. The Hindustan Tiles and Cement Industries, Jamnagar [1976 GLR 835], whereby Division Bench of this Court drew principle of casual connection test and applied it to determine whether accident arose out of employment for the purpose of compensation under section 3 of the Act. Thus, learned advocate Mr.Mohta submitted to dismiss the First Appeal.

6. Having heard the submissions made at bar by learned advocates and considering Record and proceedings, the appeal deserves no consideration as, in opinion of this Court, no substantial question of law involves in the matter. Firstly, the amount of compensation awarded by learned Commissioner for Workman is less than Rs.5,00,000/- and therefore, considering the smallness of the awarded amount involved in the present appeal, appeal deserves to be dismissed. Secondly, deceased who was driver, claim to be daily wager continuous in service for long, suffered pain in chest while driving vehicle assigned to him and died. Such injury is found to be in causal connection with the work and therefore, while taking true purport and object of the Act, dependents of the workman should be compensated.

7. No other and further submissions are made to assail impugned judgment.

8. In view of above, the First Appeal stands dismissed. Interim relief granted earlier, if any, stands vacated. Record and proceedings, if any, be send back to learned Trial Court concerned.

9. Learned Commissioner concerned for Workman Compensation is directed to disburse the amount, if any lying with it, to original claimants.