m31m 1 1 r FaAaOnNoa3162 of 2011 lO8MI IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FeAaO403162 of 2011 lOaMl Date of Decisionz April 2011 1 1 C 0 Oriental Insurance Company Limited 4ppellant 041 Versus SmtAsha Devi and another Respondents Z CORAM HONBLE MR JUSTICE MOHINDER PAL 1 Whether Reportersof Iocai papers may be allowed to see I t the judgment7 Z 2 To be referred to the Reporters or not 0003 Whether the judgmentshouid be reportedin the Digest7 7 Z 2 Presentl Mr Ashwani Talwar Advocate On for the appellant MOHINDER PAL Je Oriental Insurance Company Limited appellant lereinafter referred to as the Insurance Company has filed this appeal challenging the order 1 award dated 1722011 passed by the Commissioner under the Workmens Compensation Act Ambala hereinafter referred to as the Commissionerowhereby he granted Batra Amit 2013.04.17 00: 50 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 32 2 e FA0e Non3162 of 2011 l08M1 compensation to the extent of Rs 24807731 along with simple interest at the rate of 6 per cent per annum from the date of filing of the claim petition ie 18052005 to the Nol on account of the death of Hazara Singh which had taken place on 1052004 dueto heart attack while he was on duty at the truck of reSPOndentNoe2 RespondentNol IS the widow eof HazaraSingh The Commissioner after appraisingthe entire evidence Ied m by the parties heid that there existed relationship of master and 0 servant between respondent No2 and Hazara Singh leceasedl C and that the death of Hazara Singh had occurred due to heart attack I C5 on account of stress and strain Hazara Singh was agedabout 30 I years at the time of his death Taking the monthlysalaryof Hazara Z Singh deceasedl as Rse27001m per month as was admitted by the 2 employer respondent No21 the Commissioner awarded the compensationto respondent No l as mentioned above The truck on I Which the deceased had been employed by respondent Noel was Z insured with the Insurance Companyas per policyExhibit P mt7 Learned counsel for the Insurance Company during the 7 course of arguments by placing reliance on the authorityreported Z as Shakuntala Chandrakant Shreshti Vse Prabhakar Maruti Garvali Oa C2007111Supreme Court Cases 668 argued that unless evidence IS brought on record to establish that death by way of cardiac arrest was because of stress and strain of work the Commissioner would have no jurisdictionto grant damages In Shakuntala Chandrakant Shreshtis case supral the workman was working as a Cleaner and had suddenly developed chest pain Ieadingto his death due to rupture aortic aneurysm In this case the deceased was working as a Driver on the truck Ioaded with election material pertaining to Lok Sabha 4 Batra Amit 2013.04.17 00: 50 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 1 33 3 r FnAe0eNon3162 of 2011 lOSM1 elections and was on a journey on the said truck at the time of his death The stress and strain upon the deceased who was a young rnan of about 30 years at the time of his death can be inferred from the nature of his duties as a Truck Driver There was certainly stress and strain upon the deceased due to nature of his duties and workload which caused severe heart pain resultingin heart attack and his death Obviously there is a Iot of difference between the duties m 0 performedby the Driver and the ConductorlCleaner So the findingsof the Honb1e SupremeCourt in Shakuntala Chandrakant Shreshts C04 case csupral will be of no help to the Insurance Company I C9 The amount of as awarded by the Commissioner mentioned above can in no way be said to be on the Z higher side keepingin view the age of the deceased and his earn ing capacity tr ResultantlYr So far as merits of the case are concerned I this appeal deserves to be dismissed Accordingly it Is hereby Z dismissede However on the amount of OQ awarded by the Commissioner le Rs2807731 respondentNo l will 7 be entitled to simpleinterest at the rate of 9 per cent per annum Z from the date of filing of the claim petition 1e 182005 till its realizatione Datedl Aprii 26 2011 MOHINDER PAL JUDGE 11 ll CV Batra Amit 2013.04.17 00: 50 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document