1 S.B. CIVIL MISC APPEAL NO. 205/1996 State of Rajsthan Vs Veera Ram DATE OF ORDER : 22.1.2008 HON'BLE MR. GOVIND MATHUR, J. Mr. C.S. Ojha, Addl. Govt. Advocate. **** This misc appeal is preferred to challenge the judgment dated 7.12.1995 passed by the Commissioner, Workmen's Compensation Act, Pali. In brief facts of the case are that deceased Miss Nenu was in employment of the employer as a daily rated workman and on 29.3.1993 during the course of employment while carrying iron pipes she fell down and died. A post-mortem was conducted wherein cause of death was opined as follows: "In my opinion the cause of death is cardiaogenic shade arising due to cardio febrilation from congenital heart disease during severe physical exertion done at the site of work." The respondent-applicant Veera Ram, father of the deceased Nenu claimed for compensation under the Workmen's Compensation Act and the same was accepted by the judgment impugned by awarding a sum of Rs.99,507/- that includes compensation, penalty and interest. While challenging the judgment dated 7.12.1995 the contention of 2 learned counsel for the appellant is that the cause of death of the deceased Miss Nenu was cardiac arrest and not accident, therefore, the order impugned is bad. I have heard learned counsel for the appellant and also examined the record available. The applicant Veera Ram was examined by the Commissioner, Workmen's Compensation, Pali wherein on oath it was stated that on 29.3.1993 Miss Nenu while carrying heavy iron pipes fell down and a consequent thereto she died. An another witness Mod Singh also and stated that Miss Nenu was working at Dam Site and while carrying heavy iron pipes she fell down and consequent thereto she died. It is true that in medical report cause of death is given as a cardio febrilations but that too is due to severe physical exertion done at site of the work. It can not be denied that Miss Nenu, as a matter of fact, met with accident due to exertion during the course of employment. In view of it, I do not find any error in the judgment impugned. Accordingly, the appeal stands dismissed. (GOVIND MATHUR),J. jgoyal