THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.1166 of 2004 JUDGMENT: This appeal is directed against the order, dated 21.10.2003, passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Srikakulam (for short ‘the Commissioner’) in W.C.No.3 of 2001. 2. The deceased Bade Natchanna @ Narasimhulu was employed as a Crew Sailor in fishing boat under the fifth respondent and that on 06.01.1998, while he was working on the boat, he sustained injury at the abdomen due to hit by a wooden stick and died in the course of his employment. Respondents 1 to 4 being wife and children of the deceased filed W.C.No.3 of 2001 claiming a sum of Rs.1,63,233/- as compensation. The age of the deceased was stated to be 40 years and his wages are at Rs.1,800/- per month. The fifth respondent remained ex parte. The appellant-insurer contested the matter disputing the death of the deceased as a result of the injury caused to him in the course of employment and stated that it is a natural death as he was a cardiac patient. 3. By an order under appeal, the Commissioner awarded a sum of Rs. 1,63,233/- to the claimants directing the appellant and the fifth respondent to deposit the said amount jointly and severally, within 30 days from the date of receipt of the said order. Challenging the said award, the appellant-insurer filed the present appeal. 4. Learned counsel for the appellant contended that the death of the deceased occurred due to myocardial infraction as per the post mortem report, but not due to the injury sustained by him in the course of his employment and that if the death occurred due to the injury, the appellant’s liability is limited to Rs.25,000/- as per the conditions of the policy. 5. On the other hand, learned counsel for the claimants stated that the deceased died because of the injury sustained on the ribs due to hit by a wooden stick during the course of his employment. 6. P.W.2, who worked along with the deceased on fishing trailers at Veravali Port in Gujarat State, stated that while they were coming back, the deceased went into the cold room to fill the Ice and then he suddenly slipped and fell on a wooden log and sustained injury on his ribs, then the Thandel attended to his injury by applying some pain killer balm and thereafter, at about early hours when they tried to woke him up, he died. In Ex.A4-post mortem report, it was mentioned that the cause of death is shock due to Ante Myocardial Infraction and therefore, the Commissioner held that the death caused due to the accident occurred in the course of his employment. 7. Insofar as the limited liability of the appellant is concerned, he produced a copy of policy issued in the name of the fifth respondent for the vessel by name ‘Kailash Sagar’ and Clause (a) of column (viii) of the said policy is extracted as under: “If a member of crew shall sustain any bodily injury resulting solely and directly from accident caused by outward, violent and visible means, then the insurers shall be liable as under: (a) If such injury shall within six calender months of its occurrence be the sole and direct cause of death of the member of crew – Rs.25,000/-, the amount payable under the Clause shall be paid to the legal heir of the deceased.” In the instant case, the death of the deceased occurred due to the injury sustained by him in the course of his employment. Therefore, as per the above said clause of the policy, the liability of the appellant is limited to the amount of Rs.25,000/- out of the compensation awarded by the Commissioner and the remaining amount is liable to pay by the owner of the said vessel i.e, fifth respondent. 8. Accordingly, the Civil Miscellaneous Appeal is partly allowed fixing the liability to the appellant to pay an amount of Rs.25,000/-out of the compensation awarded by the Commissioner and the remaining amount is liable to pay by the fifth respondent. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J Date:22.07.2010 sj