THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.64 of 2000 JUDGMENT: One Mr. Medari Chandraiah was employed as Mining Sardar by the appellant in the 5th Incline of Godavarikhani. On 13.09.1987, he reported to duty in the first shift. He said to have died due to stress and strain during the course of employment, on the same day. His wife, the first respondent herein, filed W.C.Case No.155 of 1994 before the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Karimnagar (for short ‘the Commissioner’). She pleaded that her husband died in the course of employment on account of stress and strain and that she is entitled to be paid compensation. The appellant opposed the claim. It was not denied that the deceased reported to duty and he died during the course of employment. However, it was urged that the death was not on account of any stress and strain, but due to general failure of health. Through order, dated 26.06.1999, the Commissioner awarded the sum of Rs.61,236/- as compensation with interest @6% from the date of death till the date of deposit. The same is challenged in this appeal filed under Section 30 of the Workmen’s Compensation Act. Heard the learned counsel for the appellant. Though the second respondent is served with notice, she has not chosen to enter appearance. The appellant did not dispute the fact that the deceased was appointed as Mining Sardar. It is also a matter of record that the deceased reported to duty for the first shift on 13.09.1987 at 7.00 a.m. The record discloses that Chandraiah reported chest pain and immediately, he was shifted to the nearby hospital and thereafter, to the hospital maintained by the appellant. Shortly thereafter, he died. Though it was urged by the appellant that the death did not occur due to stress and strain, the deposition of R.W.1, the Junior Mining Officer of the appellant company, belies that contention. He stated that at 9.00 a.m. he was told by a Mazdoor that the deceased was sitting in the Mining Sardar room and suffering from sweat and complained uneasiness. R.W.1 went to the room and on receiving the complaint of uneasiness and chest pain, he informed the Colliery Manager, Sri Mohan Rao, to take the deceased to hospital and the deceased died due to cardiac arrest. This evidence is sufficient to establish that the death occurred during the course of employment due to stress and strain and there are no merits in the appeal. The Civil Miscellaneous Appeal shall stand dismissed. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 12th AUGUST, 2009. kvni