IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 1348 of 2002() ---------------------------------- (AGAINST THE ORDER DATED 09/11/2001 IN W.C.C.73/99 OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION,KOTTAYAM) APPELLANT: APPLICANT IN WCC.73/99 OF W.C.C., KOTTAYAM: ------------------------------------------------------------------------------------------------- 1. LEEZAMMA XAVIER @ SOPHY, KALARICKAL HOUSE, MADAPPALLY P.O., CHANGANACHERRY. 2. MEEVAL XAVIER, D/O.LATE SRI.XAVIER K.C., AGED 12 (MINOR), -DO- -DO-. 3. MAGI XAVIER,D/O. LATE SRI.XAVIER K.C., AGED 7 (MINOR), -DO- -DO-. 4. MELLO XAVIER, S/O.LATE SRI.XAVIER K.C., AGED 3 YEARS, -DO- -DO-. 2 TO 4 REPRESENTED BY THE 1ST APPELLANT, LEEZAMMA XAVIER @ SOPHY. BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENTS: OPP:PARTIES IN WCC.73/99 OF W.C.C., KOTTAYAM. ------------------------------------------------------------------------------------------------------ 1. JOLLYMMA JOSEPH, MULAKUPADAM, INDUSTRIAL NAGAR P.O., CHANGANACHERRY. 2. MANAGER, DIVISIONAL OFFICE, ORIENTAL INSURANCE CO. LTD., MATHEETHRA BUILDINGS, M.C.ROAD, KOTTAYAM-1. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1348 OF 2002 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . Appellants are the legal representatives of a deceased driver of a passenger bus. The bus was insured by the second respondent insurance company. While he was driving the bus, he had a heart attack and he fell down from the driving seat. He was taken to the hospital and was declared dead. It is the case of the claimants that the accident occurred due to the strain of the work and, therefore, dependents are entitled to compensation as provided in the Workmen's Compensation Act. It is not disputed that the deceased was a workman under the first opposite party and the bus was insured by the second respondent insurance company. There was also no dispute that the heart attack occurred during the course of employment. Heart attack, being an untoward incident, it is settled law that it can be treated as an accident. However, to claim compensation, one has to prove that the accident arose out of employment. It is contended that while the deceased was driving the passenger bus, he suffered heart attack which shows that it arose as a result of the strain of the work. According to the claimants, when the accident arose during the course of employment, there is presumption in favour of the claimant that accident was arising MFA.1348/2002 2 out of employment unless proved otherwise. But, we are of the opinion that there should be some evidence to show that the accident has got at least a casual connection with the employment he was doing. In view of the circumstances of the case, we remand the matter. It is for the appellants to adduce further evidence to show whether there was any casual connection with the employment and whether any strain was caused during the course of employment. They are free to adduce any evidence including medical evidence. Respondents are also allowed to adduced evidence. Therefore, the matter is remanded for fresh consideration. Parties shall appear before the Commissioner for Workmen's Compensation on 21.4.2008. The appeal is allowed by way of remand. J.B.KOSHY JUDGE K.HEMA JUDGE tks