HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL N0. 269 OF 2002 APPELLANTS CLAIMANTS RESPONDENT/ Non-applicant Smt. Parwati Bai, aged about 24 years, Wd/o Krishna Kumar Sahu Raj Kumar, aged about 4 years, S/d Krishna kumar Sahu (minor) Appellarit no. 2 through legal guardian mother appellant No. 1 Smt. Parwati Bai Both residents of village Piparchhedi, Post Rajim Tahsil arid Distt. Raipur (CG) Versus Hanuman Agro Industries, through Exe. Manager, Hanuman Agro Industa-ies,R/o Paragaon, post Rajim, Tah. and Distt. Raipur (CG) SB:- Hon. Shri N.K. Agarwal, J. PRESENT:- Shri Adhtya Khare, Adv. for the appellants. Shri Kunal Das and Shri Adhiraj Surana, Adv. for the respondent. ORAL ORDER 020-4-2010) , 1. This is claimants' appeal under Section 30 ofi the Workmen's Compensation Act, 1923 (briefly the| Acf) against the order dated 24-1-2002 passed in Case No. 9/WC. Fatal/ 94 by Commissioner for Workjmen's Compensation, Labour Court, Raipur (briefly the Commissioner') whereby and whereunder the claim peCition preferred by the appellants has been dismissed. 2. Brief facts of the case are as under:- 3. On 26-3-93, Krishna Kumar Sahu (since deceased)' while working under the employment of respondent sustained swelling in the brain and died. Claiming the deceased Idied due to inhalation of poisohous gas in the place of employment, the claunants filed applicationi for compensation against the respondent. 4. Respondents denied the deceased died due to inhalatibn of poisonousgas, denied any casual connection between the ,<-ii ST^E^S^! death and nature of employment, and prayed for dismissal of the application. 5. Leamed Comraissioner on appreciation of evidence led, niaterial placed and submispions made held the deceased died natural death and dismissed the application. Hence this appeal. 6. Shri Aditya Khare, learned counsel for the appellants would submit that leamed Tribunal has erred in holding the death as natural. He would further submit that the deceased died due to inhalation of poisonous gas whUe working under the employment of respondent and thus the appellants are entitled for compensation under Workmen's Compensation Act, 1923 for the death ofthe deceased. 7. On the other hand, Shri Kunal Das, learned counsel appearing for the respondent supported the award impugned and submitted that learned Tribunal has. an-ived at a finding that the deceased died of natural death on the basis of evidence led and material placed and the sam.e deserves to be upheld. 8. I have heard learned counsel for the parties and perused the record. 9. The appellants failed to prove the fact that the death pf the deceased was accidental, was due to inhalation of poisonous gas while workirig under the employment of respondent, casual connection between the death and the nature of employment. On the contrary, the evidence available on record inchiding the statement of the|doctor examined by the appeUants themselves would reveal that the cause of death was brain injury sustained due toj falling on hard surface. :":<i}:<] s .1"' i5 Ste-fi'1'^'' ^Rnigs3^ I; J 10. The Supreme Court in case of Mackinnon Mackenzie SE Co. (P) Ltd.' v. Ibrahim Mohd. Issak1 held in para 5 of its judgment as under : "5. To come within >the Act the injury by accident must arise both out of and in the course of einployment. The words <in the course of employment' mean 'in the course of the work which the workman is employed to do and which is incidental to it'. The words 'arising out of employment' are understood to mean that 'during the course of the employment, injury has resulted from some risk incidental to the duties of the service, which, unless engaged in the duty owing to the niaster, it is reasonable to beUeve the workman would not otherwise have suffered'. In other words there must be a casual relationship between the accident and the employment. The expression 'arising out of employment' is again not confined to the mere nature of the employment. The expression applies to employment as such - to its nature, its conditions, its obligations and its incidents. If by reason of any of those factors the workman is brought within the zone of special danger the injury would be one which arises 'out of eniployment. To put it differently if the accident had occurred on account of a risk which is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act." 11. This court in case of Smt. Husna Khatoon 8s Others v. M/s UrmUa Transport Company2 has held in para 9 85 10 of its judgment as under : "9. Only because a person dies of hearti attack, the same does not give rise to| automatic presiunption that the same was| by way of accident. A person may be| suffering from a heart disease although he| may not be aware of fhe same. Medicalj opinion will be of relevance providing guidance to court in fhis behalf. Neithei< such material has been produced nor any! 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