IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MFA.No. 172 of 2005() --------------------- WCC.148/2001 of COMMISSIONER OF WORKMEN,S COMPENSATION,THRISSUR .................... APPELLANT(S): SECOND OPP..PARTY. -------------------------------- NATIONAL INSURANCE COMPANY LTD., MUNICIPAL SHOPPING COMPLEX, MAIN ROAD, NORTH PARAVOOR 683 513. BY ADVS. SRI.RAJAN P.KALIYATH SMT.P.K.PRATHIBHA RESPONDENT(S): APPLICANT AND OPP.PARTY 1. -------------------------------- 1. SUNANDA, W/O.LATE SANKARANARAYANAN, KUTTIPPARAMBIL HOUSE, PUDIYA ROAD, P.O. KARA, KODUNGALLUR. 2. T.JAYARAJAN, THOTTATHIL HOUSE, WEST TO BHS, KODUNGALLUR P.O. ADV. SRI.DILIP J. AKKARA FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.F.A. NO. 172 OF 2005 --------------------------------------------------------- Dated this the 6th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed challenging the compensation awarded to the respondents by the Commissioner for Workmen's Compensation, Thrissur for the death of one Sankaranarayanan, husband of the first respondent, who was a cleaner-cum-door checker in the bus insured by the appellant. 2. The deceased was admitted in the hospital on 25.11.1998 at around 11 a.m. and died of heart disease on the very same day. According to the claimants, the deceased developed heart problem while working in the bus as cleaner-cum-door checker. The driver of the bus gave evidence to the effect that the deceased collapsed in the bus while working and he was taken to the hospital where he died within hours . There is medical evidence to prove that death was on account of heart disease. It is the case of the claimants that the deceased developed heart problem on account of M.F.A. NO. 172/2005 2 the strain of employment in the bus. 3. Counsel appearing for the appellant contended that there is nothing to indicate that the deceased developed heart problem on account of the employment in the bus and, therefore, death is not attributable to the strain of employment. Besides this, counsel also contended that the insurance policy covers only two employees and cleaner-cum-door checker is not covered. However, the policy does not mention the name or employment of the persons covered and the only statement is that two employees are covered. Section 147 of the Motor Vehicles Act, 1988 requires compulsory coverage of employees engaged in the vehicle which includes driver, conductor, cleaner-cum-door checker etc. The door checker operates the door and checks whether passengers alighting from the bus have travelled with tickets. We are, therefore, of the view that the deceased was covered by the policy and the appellant is bound to pay compensation if his death is attributable to employment. The question whether heart disease which led to the death of the deceased is on account of strain of employment is decided by the Commissioner in favour of the claimants by accepting the evidence of the driver of the bus. The medical evidence is also to the effect that the victim was brought to the hospital from his work place and he died shortly thereafter. Therefore, the M.F.A. NO. 172/2005 3 finding of the Commissioner that death of the husband of the first respondent happened while working as cleaner-cum-door checker in the bus insured by the appellant requires no interference. However, since the claim for compensation was filed with delay, we modify the award by directing the appellant to pay interest from the date of application till date of deposit. If any interest is accrued to the deposited amount after the date of deposit, such interest accrued should also go to the claimants. The appeal is disposed of as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.F.A. NO. 172/2005 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.FA. NO. 172 OF 2005 JUDGMENT 6th November, 2008 M.F.A. NO. 172/2005 5