F.A.O. No. 1397 of 2008 1 .. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. F.A.O. No. 1397 of 2008 (O&M) Date of Decision : May 06, 2008 New India Assurance Company Limited ... Appellant Versus Smt. Jaswinder Kaur and others .. Respondents CORAM : Hon`ble Mr. Justice Pritam Pal. Present : Shri Vinod Gupta, Advocate, for the appellant. PRITAM PAL , J. This appeal, by Insurance Company (hereinafter referred to as “the appellant”), is directed against order dated 25.2.2008, passed by the learned Commissioner under the Workmen's Compensation Act, 1923 (hereinafter referred to as “the Act”), whereby a total compensation of Rs. 2,95,590/- was awarded to the respondent-claimants, who are widow and sons of driver – Avtar Singh (deceased). The only contention of learned counsel for the appellant is that Avtar Singh (deceased), died due to heart-attack during the course of employment, but at the same time, there is no evidence to show that there was any connection between the said mis-hap and the employment conditions, under which the deceased was working. In such circumstances, F.A.O. No. 1397 of 2008 2 .. learned counsel for the appellant contends, that the liability could not have been fastened upon the Insurance-Company. In support of his this argument, reliance has been placed on United India Insurance Co. Ltd. v. Kailash Chandra Pandey and others 2007 ACJ 1584. I have gone through the aforesaid ruling and find that the facts contained therein are quite at variance from the facts of the case in hand, inasmuch as, in that case, the deceased had remained admitted in the hospital for three days, whereas, in the present case, Avtar Singh had died due to heart-attack while sitting on the driver-seat of the insured vehicle. In such circumstances, a Division Bench of Hon`ble Karnataka High Court in Divisional Controller, North East Karnataka Road Transport Corporation v. Sangamma and others 2005 ACJ 455 has repelled the contention that heart-attack suffered while working as a Conductor being a natural event to physical unfitness or ailment, cannot be treated as an injury in an accident arising out of the employment and it has been categorically held, after interpreting the word `accident' under Section 3 of the Act, that death by heart-attack has to be understood as having taken place in the course of employment and as such, dependents of the deceased were held entitled for compensation. While interpreting the provisions of Section 3 of the Act, we have to give a wide and liberal meaning to make the said Section purposeful and meaningful, so that the object of this legislation is achieved. If it is so done in the given facts and circumstances of the case in hand, the word `accident' can be understood in the context as an event or incident taking place unexpectedly and suddenly. F.A.O. No. 1397 of 2008 3 .. Moreover, under Section 30 of the Act, no appeal can be entertained, unless some substantial question of law is shown to have arisen. Here in the instant case, learned counsel for the appellant could not make out any other substantial question of law for consideration by this Court. Hence, this appeal is dismissed in limine. [ PRITAM PAL ] May 06, 2008 JUDGE som