' The order dated 21st May, 1984 recorded by the learned Commissioner Workmen's Compensation, Gujrat has been challenged in this appeal brought under section 30 of the said Act, whereby the respondent was allowed Rs, 13,000 as compensation for the loss of the life of his wife Mst. Khurshid Bibi, who met with an accident on 31st May, 1980 while cleaning the sewerage and died on 7th June, 1980.
2. The case of the appellant before the learned Commissioner was that the deceased did not meet with any accident on 31st May, 1980 while on duty but died of paralysis. Photo copy of attendance register is Exh. R.
4. Leave application Exh. R. 2, and medical certificate Exh. R. 1 were also produced in evidence. Leave application Exh. R. 1 is for leave from 3rd June, 1980 to 12th June, 1980. Medical certificate recommends leave from 3rd June, 1980 to 12th June, 1980. The illness is given as abortion and fever.
The lady doctor who issued Exh. R. 1 was examined by the appellant but her statement supports the respondent. She said that the deceased was profusely bleeding from the private part due to falling.
The case of the respondent is that by falling in the sewerage the deceased died. It appears that due to falling abortion took place, which resulted in the death. Attendance register of May was not produced. This shows that the deceased did work on the day of the accident i. e. 31st May, 1980 1st June, 1980 was holiday according to Exh. R.
4. The column of 2nd June, 1980 is interpolated. Initially letter `L' meant for leave' was put which afterwards was changed into letter 'A' meant for 'absent'. After that the deceased is not marked present but is shown to have remained on leave. Since she had met with an accident on 31st May, 1980, so she did not attend her duty from 2nd June, 1980 onwards till her death that took place on 7th June, 1980. Copy of death entry has also been produced in which cause of death is given as paralysis. If abortion cases become complicated, they may end in death. Paralysis often takes place in such cases but cause of abortion and paralysis was the accident, so the appellant does not escape the liability to pay compensation.
3. It has been argued that no medical evidence was produced to prove the accident. The medical certificate Exh. R. 1 produced by the appellant is sufficient to show that by falling abortion had taken place. So the learned Commissioner rightly allowed compensation. Quantum of compensation has not been challenged before me.
4. As a result, the appeal fails and is dismissed.