National Insurance Company Limited vs Smt. Surjit Kaur And Others on 10 July, 2009

[Cites 3, Cited by 3]

Punjab-Haryana High Court

National Insurance Company Limited vs Smt. Surjit Kaur And Others on 10 July, 2009

Bench: Nirmaljit Kaur

FAO No. 5204 of 2008                                                   1


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
                           -.-

                               FAO No. 5204 of 2008 (O&M)
                               Date of decision: 10.07.2009



National Insurance Company Limited         .....Appellant

            Versus

Smt. Surjit Kaur and others               ....Respondents


CORAM:      Hon'ble Ms Justice Nirmaljit Kaur
                       -.-

Present:    Mr. Rajneesh Malhotra, Advocate
            For the appellant

            Ms Sonia, Advocate
            For respondents No. 1 to 5

            Mr. Praveen Chander Goyal, Advocate
            For respondent No. 6
                        -.-


Nirmaljit Kaur, J.

This is an appeal against the Award dated 31.10.2008 passed by the Workmen's Compensation Commissioner and Assistant Labour Commissioner, Mohali, whereby, the claimants have been awarded compensation of Rs.3,68,340/- and the appellant-company, along with respondent No. 6 has been further directed to deposit the aforesaid payment of compensation.

While challenging the aforesaid Award, learned counsel for the appellant-company argued that the cause of death of Surjit Singh was not on account of accident and, therefore, the same did not fall within the purview of the Workmen's Compensation Act, 1923. Moreso, there was no proof on record to show that the deceased died due to chest pain caused on account FAO No. 5204 of 2008 2 of extreme pressure of work. Further, there was no evidence on record to show that the job of Surjit Singh-deceased involved any kind of stress and strain.

Learned counsel for the parties have been heard. The Metro Heart Institute, Faridabad issued 'brought dead certificate'. Claimant-Surjit Kaur, in her evidence, duly stated that deceased Surjit Singh was not suffering from blood pressure or any other disease. The deceased died due to chest pain, and he was declared 'brought dead'. He died due to heart attack caused during the course of his employment. She was duly cross-examined. The appellant-company (respondent before the Commissioner) was not able to produce any evidence otherwise, nor was it able to shake the testimony of the witnesses. It is established that deceased-Surjit Singh was brought dead to the Institute and was not suffering from any other disease. He was 40 years of age. He died at his work place as a result of heart attack, caused due to extreme pressure of work. The claimants, herein, are the widow wife, three minor children and mother of the deceased. The appellant-company is, therefore, liable for the compensation under Sections 3 and 4 of the Workmen's Compensation Act, 1923. There is no ground to interfere with the Award dated 31.10.2008 passed by the Workmen's Compensation Commissioner and Assistant Labour Commissioner, Mohali.

Resultantly, the instant appeal is dismissed, being devoid of merits.

(Nirmaljit Kaur) Judge July 10, 2009 Mohan FAO No. 5204 of 2008 3 Whether refer to Reporter: Yes/No

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