COMING

ON

‘PRONOUNCEMENT

OF

JUDGMENT’,

THIS

DAY,

THE

COURT

DELIVERED

THE

FOLLOWING:

JUDGMENT

This appeal is filed by the Insurance Company

challenging the judgement and award passed in

WCA:F/109-A/2008

dated

20.08.2009,

wherein

liability is fastened on the Insurance Company by

granting compensation of Rs.3,03,620/- with 12%

interest.

3

Factual matrix of the case of the claimants

before the Workmen’s Commissioner (for short,

‘Commissioner’) is that deceased Eranna was working

as driver with respondent No.1 in respect of lorry

bearing No.KA-19/B-1126 and he was taking rest near

Idya village, Suratkal by halting in the said vehicle. He

died due to cardiac arrest and hence the claimants

being the legal representatives of said Eranna laid a

claim before the Commissioner. Respondent No.1,

who is the owner of the vehicle admitted his

employment and also admitted that during the course

of employment Eranna died. Insurance Company has

filed written statement denying the contents of the

claim petition and contended that the deceased was

not a workmen within the meaning of Section 2(1)(n)

of Workmen’s Compensation Act and also denied his

avocation, income and contended that it is clear that

he

died

due

to

cardiac

failure.

Subsequently,

4

Insurance

Company

got

amended

the

written

statement contending that he has died due to cardiac

failure and not due to accidental death and he was

taking intoxicated drugs, which is not covered under

the policy and hence, Insurance Company is not liable

to pay the compensation.

Claimants in order to prove their case,

examined one witness i.e. wife of deceased as P.W.1

and got marked documents as Exs.P.1 to P.7 and also

examined one witness as P.W.2. On the other hand,

insurance company examined branch manager as

R.W.1 and policy was got marked as Ex.R.1.

The Commissioner after considering both

the oral and documentary evidence on record, allowed

the claim petition by granting compensation of

Rs.3,03,620/- with 12% interest.

5

Being

aggrieved

by

the

impugned

judgment and award, Insurance Company is in appeal

by raising the following substantial questions of law:

1. Whether

the

Workmen's

Compensation

Commissioner is justified in saddling the

liability upon the appellant-insurer contrary to

the Post Mortem Report conducted by the

Doctor of Primary Health Centre, Suratkal,

South Canara, Mangalore, which shows that

the heart of the deceased was enlarged, there

was a fatty deposition all over the left

ventricular

wall,

thickness=18

mm,

left

coronary artery thickened and narrowed and

shows 80% block. The opinion cause of the

death was due to cardiac failure secondary to

coronary artery disease.

2. Whether

the

Workmen's

Compensation

Commissioner is justified in fastening the

liability upon the appellant-insurer when the

heart attack was not due to the stress and

strain factor of the employment, but due to the

blockage of the left coronary artery to the

extent of 80%.

6

3. Whether

the

Workmen's

Compensation

Commissioner is justified in saddling the

liability upon the appellant-insurer although

the insured-owner has lodged the complaint to

the police stating that the deceased was

addicted to alcohol and consuming everyday.

4. Whether

the

Workmen's

Compensation

Commissioner is justified in saddling the

liability upon the appellant-insurer though the

policy has been issued under the provisions

Motor Vehicles Act and it must be incumbent

that there must be a causal connection

between the death and the use of the vehicle.

5. The judgment and order passed by the

Commissioner is opposed to law, probabilities

of the case and evidence on record.

6. No legal proceedings or litigations either

past or present concerning any part of the

subject matter of the dispute is pending.

6.

Learned

counsel

for

the

appellant-

Insurance Company would vehemently contend that

the death is on account of cardiac failure and the

7

same is not a ground of usage of vehicle and

Commissioner is not justified in saddling liability on

the insu