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2. This appeal has been filed by the Insurance Company against the impugned award dated 24.10.2009 passed by Commissioner for Workmen's Compensation Act, 1923 (Labour Court), Durg, granting a compensation of Rs.3,56,980/- plus 30% penalty thereon that is Rs.1,07,094/-.

3. Brief facts of the case as per the version of the claimants are that on 16.07.2007 deceased Manjit Singh was assigned duty to drive the Truck bearing Regn.No.C.G.04-E/4645 owned by non-applicant no.1. After loading the Truck at Raipur, Manjit Singh was going to Pune (Maharashtra) by driving the said Truck. On the way at Sakoli (Maharashtra), all of a sudden he suffered chest pain, due to which, he parked the Truck on the road side and due to further development of pain in chest, his colleague and others have admitted him in District Hospital, Bhandara (Maharashtra) where the doctors have diagnosed him as the patient of brain hemorrhage and paralysis. He was referred to Sector-9, Bhilai Hospital where during the course of treatment, again the deceased suffered heart attack and died on 17.7.2007. It is alleged that the deceased worker died due to heavy burdensome work assigned to him during the course of employment under non-applicant no.1, which has caused heart attack resulting in his death.

However, despite the above position of law laid down by Hon'ble Apex Court, Para 44 contains a direction that in the event any amount has been paid to the appellant/claimant, the same need not be refunded.

9. A perusal of the record shows that the deceased did not die due to accidental injury but according to the claimants he developed chest pain due to strain and stress during the course of employment and died in the hospital. Dr. A. H. Khan who treated the deceased has deposed that the deceased was patient of blood pressure and sugar. There was paralysis on his left side. Blood test and C.T. Scan were conducted on him. But no report of C.T. scan was produced. He has further deposed that in the prescriptions, there was mention of blood pressure and paralysis. There was no heart attack. On a query put to him that whether the sleeplessness and heavy work would be reasons for blood pressure, he replied that there are no definite reasons for blood pressure but mental stress would be one of the reasons. This witness has not clearly stated that the death was due to cardiac arrest or some other reasons. It also appears that no postmortem was conducted on the person of deceased, therefore, the report of postmortem was not available. In these circumstances, we are of the opinion that the matter requires reconsideration at the end of Commissioner, Workmen Compensation to ascertain the fact that whether the deceased died of heart attack due to stress and strain in the course of employment or some other reasons.