This is an appeal against the order dated 24-2-1976 of learned Commissioner for Workmen's Compensation, Multan, awarding compensation of Rs. 13,500 to Mst. Sharifan Bibi widow of Ali Muhammad, deceased, Assistant Station Master, Railway Station Behal, District Multan.
2. The deceased was normally required to work in an 8 hours shift weekly changeable with calendar day rest at every week end. He was put to perform 12 hours duty from 2-11-1974 to 16-11- 1974. During those 14 days he had to perform continuous night duty from 8-90 p.m. To 8-00 a.m.
Daily without any break and week-end rest. This unusual and strenuous arrange--ment was imposed by the Divisional Superintendent vide his order Exh. P-1, whereby he had withdrawn the second Assistant Station Master with effect from 2-11-1974 with a promise to send his relief soon.
The Station Master sent repeated telegraphic and telephonic massages to the Divisional Superintendent, Pakistan Railway, Multan, requesting him to make arrange--ments for relief soon because the state of health of the deceased was unable to stand the uncalled for and unwarranted stress and strain. No relief was arranged by the appellant till 16-11-1974, with the result that the deceased had a severe heart attack at about 5-30 a.m. On 16-11-1974 and collapsed in his office while on duty and died in the Railway Hospital, Multan, the same evening without regaining consciousness. The cause of his death in the terms of certificate Exh. P-2l given by Mr. Saeed-ud- Din Malik, Railway Doctor, who had attended the deceased was, "Cardio Respiratory Failure". The same doctor who had appeared before the learned Commissioner clearly stated that the deceased had died due to heart failure with a result of. 14 days continuous 12 hours duty without rest and break. Mst. Sharifan Bibi widow of the deceased, thereupon, filed an application for compensation, which was accepted and she was awarded compensation of Rs. 13,500 as already mentioned above.
3. Aggrieved by the above order, the Divisional Superintendent, Pakistan Railway, appellant has preferred this appeal.
4. The facts narrated above have been accepted by the learned counsel for the appellant. He however, contended that since the deceased had died as a result of heart failure, it could not be said that he had died due to accident arising out of and in the course of his employment and as such Mst. Sharifan Bibi, respondent was not entitled to receive compensation.
5. It is clear from the evidence on the record that the deceased had a severe heart attack and collapsed in his office while he was on duty and died in the Hospital the same evening, therefore, he died in the course of his employment. Now the question remains whether the accident arose out of the employment. The accident in order that it should arise out of the employment must be connected with the employment and must arise out of it. A T R 1956 Dom. 424 was a case where a workman suffering from heart disease after working for 8 hours on a hard day in June in a mill in Ahmadabad died due to heart failure and it was held that he died of injury by accident arising out of and in the course of his employment. In the case"Parwatibai v. Raikumar Mills, Indore" (AIR 1959 Madh. Pra. 281) it was observed :- "It is well established that the word "Accident" in section 3 (1) of the Workmen's Compensation Act, has been used in the popular and ordinary sense and means "mishap" or "untoward event not expected or designed". If the injury or death from the point of view of the workman, who dies or suffers the injury is unexpected or without design on his part, then the death or injury would be by accident although it was brought about by a heart attack or some other cause to be found in the condition of workman himself."
In the present case there is evidence of the Station Master as well as that of the Railway Doctor that the deceased had suffered from a heart attack on, account of unwarranted stress and strain from 2-11-1974 to 16-11-1974.
6. In view of the above I hold that the deceased had died as a result of an accident arising out of and in the course of his employment and as such Mst. Sharifan Bibi widow of the deeeased was entitled to receive compensation.
7. In. The result I find no merit in this appeal, which is hereby dismissed.