The Oriental Insurance Company Ltd v. Smt. Asha Devi and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 361 of 2006 Appellant :- The Oriental Insurance Company Ltd. Respondent :- Smt. Asha Devi And Others Counsel for Appellant :- Subhash Chandra Srivastava Counsel for Respondent :- Brijesh Chandra Naik,Pradeep Kumar Sinha,Vashishtha Tiwari Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant and learned counsel for the respondents.

¶2The present appeal has been filed by the appellant challenging the award dated 13.12.2005 passed by the Commissioner for Workmen's Compensation/Deputy Labour Commissioner, Gorakhpur Camp Deoria in W.C.C. No.5/2004.

¶3Learned counsel for the appellant has contended that the deceased died due to heart attack and therefore, the cause of death of the deceased had no direct connection with the nature of employment of the deceased and the claim was not maintainable.

¶4Per contra, learned counsel for the respondents has contended that the deceased was driving the dumper No.GJ15U/8011, when he suffered heart attack. It is submitted that the deceased was on duty when he died. Accordingly, it is submitted that the deceased died during the course of employment and the cause of death of the deceased had direct connection with the nature of employment of the deceased.

¶5Be that as it may, it is not disputed that the deceased was on duty and was driving the truck when, he suffered heart attack. It is pertinent to note that the deceased was driving on the instructions of the owner. The owner has also not denied the employment of the deceased nor denied the fact that when he was on duty, suffered heart attack. In such view of the fact, this Court is of the view that the deceased died during the course of employment and the cause of death of the deceased had direct connection with the nature of duty of the deceased. Accordingly, this Court is of the view that the finding of the tribunal on the aforesaid point is a finding of fact and is not liable to be interfered with by this Court.

¶6As the appeal is maintainable only on substantial question of law under Section 30 of the Workmen's Compensation Act, and in the instant case, no substantial question of law arises which is to be answered by this Court.

¶7In view of aforesaid, the appeal lacks merit and is accordingly dismissed. Order Date :- 16.10.2023 SS High Court of Judicature at Allahabad