THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

CIVIL MISCELLANEOUS APPEAL No.820 OF 2014

JUDGMENT:

Aggrieved by order, dated 17.06.2014, in W.C.No.6 of

2013 passed by the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour-I: T.Anjaiah Karmika Samkshema Bhavanam, RTC Cross Roads, Hyderabad, the present Civil Miscellaneous Appeal

is filed.

2. Heard Mr. N. J. Sunil Kumar, learned counsel for appellant and Mr. Ajay Kumar Madisetty, learned counsel

for respondents.

3. The applicants are wife and children of deceased. The deceased (late Prabhakar) was a driver of lorry bearing No.AP 21X 0648 under the employment of 1^st opposite party. On 03.05.2009, deceased went to Mumbai from Bethamcherla with load of stones in the lorry, after unloading, he was returning to Nandyala with load of powder. On 08.05.2009, at about 3:00 a.m., deceased

stopped the lorry near Kurnool for attending natural call. After attending natural call, while deceased was getting into the lorry, his leg slipped, fell on the ground, sustained injuries and died on the spot. A case in Crime No.242 of 2009 came to be registered in the Police Station of Krunool-IV Town. Lorry was having an insurance policy bearing No.433100/31/2009/4410 valid from 19.02.2009 to 18.02.2010. Deceased suffered injury on head, postmortem was conducted at Government General Hospital, Kurnool. Deceased had a valid driving license. Applicants claimed that deceased was receiving wages of Rs.7,500/- per month. AW1 (for applicants), RW1 and RW2 (for opposite party No.2) were examined, Exs.A1 to A7 and Exs.B1 to B3 were marked. Commissioner, considering the entire factual matrix of case, awarded compensation of Rs.3,70,576/- with interest @ 12% per annum from

09.06.2009 till the date of realization.

4. Challenging the said order, appellant/insurance company filed the present appeal.

5. Learned counsel for appellant/Insurance Company submitted that the death of the deceased was natural and the Doctor/RW1 after receiving the reports stated that the driver died due to coronary heart disease with subarachnoid hemorrhage. It is further submitted that the death of the driver did not occur during the course of employment. It is also submitted that the death of the deceased is due to coronary heart disease which is not a scheduled injury and payment of interest @ 12% is also improper when there is no accident to the vehicle and the injuries suffered by the deceased is due to an incident of slipping and falling down. Therefore, the Insurance Company cannot be mulcted to pay the compensation.

6. Learned counsel for respondents submitted that deceased died due to the stress and strain during the course of employment. That on 03.05.2009, the deceased went to Mumbai and while returning on 08.05.2009, near Kurnool outskirts, the incident occurred. It is further submitted that on 08.05.2009, at 3:00 a.m., when the deceased was getting into cabin after attending natural call, he slipped and fell on the ground and suffered injury to head. That he was taken to Kurnool Medical College and postmortem was conducted. It is also submitted that a contusion of 6 x 3 cms., was present over left parital eminence, patch subarachnoid hemorrhage was noted over frontal lobes of brain.

7. Learned counsel submitted that in the cross examination of RW1, he deposed that on the basis of Exs.B1 and B2, opinion was given that because of hypertension or application of any blunt force, the hemorrhage is possible and that every possibility of the deceased sustaining heart attack or receiving stroke is due to stress and strain caused due to the driving and that such an incident is an accident in terms of the Workmen’s Compensation Act. It is further submitted that the Commissioner rightly held that the deceased died due to stress and strain and it was during the course of employment.

8. Learned counsel invited attention of this Court to various judgments of the Hon’ble Apex Court referred in the Order of Commissioner to buttre