1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.963/2011 The Chief General Manager Western Coalfields Ltd., Jaripataka, Nagpur and others ...Versus... Smt. Dwarkabai s/o Dilip Barole and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri Deepak Gupta, Adv. for appellants] CORAM : A.B. CHAUDHARI, J. DATED : 23.11.2011. Heard learned Counsel for the appellants. Counsel for respondents is absent. The Commissioner for Workmen's Compensation accepted the case of the claimants that the deceased while on duty, working under the mine, operating drilling machine suffered heart attack and was thereafter shifted in ambulance to hospital where he died. Learned Counsel for the appellants vehemently argued that there was no accident as such in the mine and the term contemplated by the provisions of workmen's compensation means there should be violent accident. He then argued that the deceased was not on duty at the relevant time and therefore, there was no nexus of heart attack and the accident in question. 2 I have perused paragraph no.8 of the written statement which clearly shows admission on the part of the appellants that on 15.2.2007 deceased Dilip was working. The fact about their admission that deceased was working is enough to draw conclusion that he received heart attack in the course of employment, which is prerequisite for claiming compensation. There is no dispute that deceased Dilip was employee of the appellants. There is no further dispute that he was on duty at the relevant time. There is also no dispute that he suffered heart attack during the course of work and then was shifted in ambulance to hospital. All ingredients required for claiming compensation are thus satisfied. There is no substantial question of law as required by the provisions of Section 30 of the Workmen's Compensation Act, 1923 for entertaining the first appeal. Hence, first appeal is summarily dismissed. JUDGE ssw