THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.1039 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal is preferred under Section 82 (2) of the Employees’ State Insurance Act, 1948 (for short ‘the Act’) aggrieved by the order, dated 07-12-2006 in EIC No.33 of 2004 on the file of Employees Insurance Court, Hyderabad. 2. Appellant herein is the 1st respondent and the 1st respondent herein is the petitioner before the trial Court. 3. Brief facts are that the petitioner is the wife of late E.Ramaiah (hereinafter referred to as ‘the deceased’), who worked in Sirpur paper mills in water clarification point as Assistant operator for 27 years. The deceased on 23-07-2002 while working in B shift met with an accident, fell down and received multiple injuries. Thereafter, he was taken to ESI hospital, but on the next day, he died in the hospital. It is stated that the accident is an employment injury and the same is during course of employment. The petitioner made several representation to the Corporation for compensation, but they failed to pay the same. The Corporation issued a letter, dated 05-11-2003 to the petitioner stating that the death of the deceased has not been admitted as employment injury without assigning any reasons. Hence, the petitioner filed EIC 33 of 2004 to set aside the order, dated 05-11-2003 and direct the corporation to pay an amount of Rs.1,00,000/- towards compensation. 4. The respondent corporation filed written statement denying the averments made in the petition and stated that while the deceased was sitting on the platform in the office room chatting on general matters, he suddenly fell down on the floor of the office room. Thereafter, he was sent to hospital, where he died on the next day. The Medical record shows that the cause of death is Cardiac Arrest secondary to Cerebro Vascular Accident- Hemeplegia. After investigation, the investigating officer opined that the case may not be admitted as employment injury. Hence, the respondent corporation prays to dismiss the petition. 5. Basing on the above pleadings, the following issues have been framed for trial. 1.Whether the death of E.Ramaiah who is the husband of the petitioner is not admitted as an employment injury as contended by the respondent corporation? 2.Whether the petitioner is entitled to Rs.1,00,000/- towards compensation? 3.Whether the petitioner is entitled to benefits under the ESI Act? 6. During enquiry, on behalf of the petitioner, P.W. 1 was examined and Exs.P1 to P3 were marked. On behalf of respondent, R.W. 1 was examined and Exs.R1 to R12 were marked. 7. The Employees’ Insurance Court-cum-Industrial Tribunal, after considering the evidence on record, allowed the petition directing the 1st respondent to pay dependent benefits to the petitioner as per rules but not Rs.1,00,000/- as claimed. Challenging the same, the present Civil Miscellaneous Appeal is filed by the Corporation. 8. Now the point for consideration is whether the order of the Tribunal is correct, legal and proper? 9. Learned standing counsel appearing for the appellant- corporation contended that the death of the deceased was due to Cardiac Arrest, which is natural death, that it is not accidental death within the meaning of Section 2(8) of the Act and hence, the petitioner is not entitled for any compensation. 10. The factual matrix is not in dispute. For claiming compensation under the Act, there must be an accident and in the course of employment, the accident occurs. Unless the case of the petitioner falls under the definition of ‘employment injury’, he is not entitled for any compensation. Section 2 (8) of the Act defines ‘employment injury’, which means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, which the accident occurs or the occupational disease is contracted within or outside the territorial limits of India. 11. The case of the petitioner is that the deceased went to duty at about 1.30 P.M. on 23-07-2002 as he has to attend B shift, which would start at 2.00 P.M. While attending B shift duty, the deceased fell down and sustained injuries. 12. The case of the respondent-corporation is that the deceased died due to heart attack but not due to any employment injury. In the cross-examination, R.W.1 specifically admitted that the deceased met with an accident during the course of employment and it is an employment injury. The doctor who examined the deceased opined that the deceased died due to Cardiac Artery, which in medical terms called as accidental hemorrhage. When the opinion of the doctor is read along with the evidence of R.W.1, it is clear that the deceased died during the course of employment. Admittedly, the deceased was doing B shift at the time of incident. Cardiac Arrest may be due to stress and strain in discharging the duties. Therefore, after considering the evidence on record, the Tribunal rightly granted compensation as per rules and the said order needs no interference by this Court. Admittedly, the appellant has deposited 50% of the amount already. By virtue of this order, the appellant is directed to deposit remaining amount. 13. Accordingly, the Civil Miscellaneous Appeal is dismissed. No order as to costs. ________________ K.C. BHANU, J DATED: 05-09-2011 Hsd