IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 MFA.No. 52 of 2007(A) --------------------- WCC.19/2002 of Commissioner for Workmen's Compensation , KOLLAM .................... APPELLANT(S): OPPOSITE PARTY ----------------------------- STATE FARMING CORPORATION OF KERALA LTD., NELLIPPALLY P.O., PUNALUR, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.SASIKUMAR SRI.AJITH KRISHNAN,SC,STATE FARMING COR RESPONDENT(S): APPELLANTS -------------------------- 1. G.SHAJI, STATE FARMING CORPORATION OF KERALA QUARTERS, KUMARAMKUDI ESTATE, KUMARAMKUDI P.O., (VIA)PIRAVANTHOOR, KOLLAM DISTRICT. 2. V.S.SUKU, STATE FARMING CORPORATION OF KERALA QUARTERS, KUMARAMKUDI ESTATE, KUMARAMKUDI P.O., (VIA)PIRAVANTHOOR, KOLLAM DISTRICT. 3. V.SHIBU, STATE FARMING CORPORATION OF KERALA QUARTERS, KUMARAMKUDI ESTATE, KUMARAMKUDI P.O., (VIA) PIRAVANTHOOR, KOLLAM DISTRICT. ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE FOR R1 TO 3 SRI.B.S.SWATHY KUMAR FOR R1 TO 3 SRI.K.HARILAL FOR R1 TO 3 SRI.K.G.RENGANATH FOR R1 TO 3 'RI.BINDU SREEKUMAR FOR R1 TO 3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- M.F.A. (W.C.C.) No.52 of 2007 ----------------------------------------------- Dated 29th September, 2011. J U D G M E N T K.M.Joseph, J. Appellant is the opposite party in a proceedings under Section 22 of the Workmen's' Compensation Act(for short, 'the Act'). The application filed by the respondents was allowed by the Commissioner and a sum of Rs.1,63,070/- was awarded with 12% interest from 7.12.2000, which is the date of death of the worker. 2. Briefly put the case of the respondents/applicants is that the workman, who was their predecessor in interest was working as a tapper under the appellant and she died of heart attack. The Commissioner has accepted the version of the applicants and interalia held that the strain due to the work she was doing was the cause which accelerated the death of the workman due to heart attack. 3. Learned counsel for the appellant submits that Section 3 of the Act would not be made applicable as there is no injury and there is no accident. He would further submit that it is not a case where death has arisen during the course of MFA 52/2007 2 employment. It is further submitted that appointment was given to one of the legal heirs of the workman under compassionate employment scheme and at any rate, interest should be deleted. Learned counsel for the respondents supported the award. 4. This is a case where the workman was employed as a tapper. There is both pleading and materials before the Commissioner to come to the conclusion that the heart attack by which the worker died was accelerated by virtue of the nature of the work she was doing. The nature of the tapping work involves the worker being at work place at around 5 a.m. Learned counsel for the respondents would point out that there was strain due to the work the worker was doing and that was the cause which accelerated her death due to heart attack. It is also pointed out that there is risk for inhaling ammonia. The arduous nature of the work which the workman has to do cannot be discounted at all. In this case, the workman died at about 7.30 a.m. She was aged 47 at the time of her death. We notice that there is no case for the employer that she had any MFA 52/2007 3 previous history of illness or she was under treatment. As held in United India Insurance Co.Ltd. v. Yasodhara Amma (1989 (1) KLT 753), when there is heart attack, there is injury to the heart . Therefore, there is an injury, there is an accident and there is death resulting therefrom. The nature of the work has certainly aggravated and at least to a great extent contributed to the death. As already noted, there is no previous history also. So, the sudden death, which is unexpected is an accident that took place while she was working. Therefore, there is connection also between work and the death. It is settled law that only a casual connection is necessary. As far as the question of interest rate is concerned, it is the statutory rate which has been ordered to be paid by the employer. Learned counsel for the appellant no doubt brought to our attention decision of the Supreme Court reported in Chandra v. Moongalar Estate (2002 LLR 135) and submitted that like in that case, in this case also, the legal heir was given employment upon the death of the workman and therefore, interest should be deleted. No doubt, we notice that in the said MFA 52/2007 4 judgment, it is held as follows : “Compensation was awarded to the appellant, but without interest as reportedly the legal heir was gainfully employed” We do not think that there is any principle which has been laid down as such. We do not think that we need follow it as a principle. The Commissioner has only acted in accordance with the Act and awarded interest at the rate of 12%. Therefore, there is no merit in the appeal. It is dismissed. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.