JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 29.11.2006 passed by the High Court of Karnataka at Bangalore in M.F.A. No.4170 of 2002 whereby the High Court dismissed the appellant’s appeal and confirmed the order dated 23.04.2002 passed by the Commissioner for Workmen’s Compensation (Labour Court), Bellary (hereinafter referred to as “the Commissioner”).

2. The issue involved in this appeal lies in a narrow compass. It is clear from the facts mentioned hereinbelow.

3. One Mallikarjuna was an employee of the appellant a State Road Transport Corporation for the State of Karnataka working as a driver. He died while he was on duty on 06.04.1999 when he felt pain in his chest and suffered heart attack.

4. The respondent is the wife of deceased Mallikarjuna. The respondent filed a claim petition before the Commissioner under the Workmen’s Compensation Act, 1923 (for short “the Act”) claiming compensation for the death of her husband Mallikarjuna. The appellant (employer) contested the claim petition.

5. By order dated 23.04.2002, the Commissioner allowed the claim petition and awarded a sum of Rs.3,79,120/- with a direction to the app