IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 MFA.No. 20 of 2004() -------------------- WCC.17/2000 of W.C.C.,KOTTAYAM .................... APPELLANT: APPLICANT: --------------------------------------- PERIYATHAI, W/O. MURUKAYYA, THANKAMALA ESTATE, R.B.T.CO. LTD., VANDIPERIYAR. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: OPPOSITE PARTY: -------------------------------------------------- THE MANAGER, THANKAMALAI ESTATE, R.B.T.CO.LTD., VANDIPERIYAR. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T When the case was called , there was no representation. Defects were not cured. The appeal is dismissed for default. 7/02/2008 Sd/- J.B.Koshy, Judge Sd/- K.Hema, Judge /True Copy/ Kss P.A.to Judge C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F..A No. 20 of 2004 ----------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed challenging the order of Commissioner for Workmen's Compensation ( Deputy Labour Commissioner), Kottayam, for the death of the appellant's husband while working in a tea factory. We have heard counsel for the appellant and have gone through the impugned order of the Workmen's Compensation Commissioner. We find that the appellant's husband died on account of heart disease. Even though the appellant's claim is that the heart disease was caused on account of the strain in the employment, there is nothing to indicate that the victim's death is attributable to the strain in the employment. Therefore we find no ground to interfere with the order of the Workmen's Compensation Commissioner rejecting the claim. This appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. -2- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.F.A. No. 20 of 2004 ---------------------------- JUDGMENT 18th September , 2008