IN THE_H_ON'BLB HIGH CQURT OF CHHATTISG^ARH AT BILASPUR MISC. APPEAL fC ) N0. l^ OF^^- (D^Ll ffPELLANT APPLICANT .\\ ^\..<; ivV-dy ,Q*t- ' rf^'^^1? ' _**< ^^^^\ ..<-•/) ^O ^^^A..-':''^ 'o^"' ESPONDENT NON-APPLICANT ^ ^Smt. Sumitra Bai Dhruv, aged about 38 years, W/o Shankar Lal, Caste Gond, R/o ViUage Heerapiir, Post Dashrangpur Police Station Pipariya, District Kabirdham Kawardha (C.G.). Present address Rameshwar Nagar, Bhanpuri, Tahsil.and^District Raipur (C.G.). VERSUS 's. Nitin Onion Company Bhanpuri, Police Station Kharataral, TahsU and District Raipur (C.G.), through Suresh Kumar Agrawal S/Q Gowardlian Prasad. MEMO OP APPEAL UNDER SEeTION 30 QF THB WQKKMEN'S COMPENSATIONAC'I',_1923 Vs Smt. Sumitra Bai Dhruv M/s Nitin Onion Comoc»nyBhanDur-i Mr. Malay Kumar Bhaduri, Advocate for the appellwit. Mr. Shivendu Pondya, Advocate for the respondent. (23"° Novamber. 2011) 1. Heard. 2. The oppellant-claimant hcis fited this appeal against the judgment dated 06.08.2010 passed by the tearned Commissioner under the Workmen's Compensation Act cum Labour Court, Raipur (for short 'the Commissioner') in Claim Case No.i96/2005/W.C.Act,/'Fatal dismissing the ciaim opplication inter alia holdino that t+ie deceased had not died in an accident occurred during the coursa of emptoyment. t 3. We have heard learned counsel for the parties and perused the impugned judgment as also recor-ds of the Commissioner. 4. Indisputabiy, the deceased died during the course of empioyment, but the learned Commissioner has rejected claim of the claimant on the ground that the cloimant failed to prove that death arose due to stress and strain arising during the course of empioym&nt. However, as per postmortem reoort of the deceased, cause of death of the deceased, who was 40 years of age at the time of his death,;was failure of cardio respiratory due to coronary occlusion and its complication, which cannot be said to be a death caused in normal course. In this situation, we fee! -Hiat medica! opinion wili be of relevance, but in The instant case the doctor, who conducted postmorl-em examination and wou!d be .the best person to state that whether death of tiie deceased was du®to stress & strain or not, has not 2 been examined. Therefore, with an intention that the ciaimant may not be deprived of her rightful claim, we are of the opinion that the maTter" shoutd be remitted back to the Commissioner for fresh decision. 5. Accordingly. the cypeal is ailowed in part, ths impugned judament is set aside and the matter is remitted back to' the Commissioner for taking decision afresh in light of the observations made in this order. Needless to mention that the Commissioner shall provide opportunity to the parties to adduce further eyidence, if any, ond amend the pieadings or to fiie or verify the documents already filed. The parties are directed to appecr before the C!aims Tribunal concerned on 16.01.2012. \ 6. The Registry is directed to transmit record of the Commissionsr without any further delay. No order as to costs. _^ - - Sd/- I.M.Quddusi Judge s<u- .^^ G- ""Tudy A&n Roshan/-