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1 - 9 of 9 (0.24 seconds)Section 5 in The Essential Commodities Act, 1955 [Entire Act]
Section 3 in The Employee's Compensation Act, 1923 [Entire Act]
Mst.Param Pal Singh Tr.Father vs M/S National Insurance Co.& Anr on 14 December, 2012
Relying on the
principles laid down in Parampal Singh (supra), it was held that the
coronary artery disease which led to his death bore a direct and
proximate nexus to the strenuous working conditions in the harsh winter
night, and compensation was accordingly awarded. Similarly, in Bajaj
Allianz General Insurance Co. Ltd. Jarina Begum 7, this Court dealt
with a case where the deceased, aged about 45 years, employed as a
cleaner/helper, was compelled by his employer to accompany a truck to
Tumkur, Karnataka despite stating that he was unwell. His condition
deteriorated en route, and although he was taken to a hospital, he was
declared 'brought dead'. In those circumstances, the Court held that
compelling an ailing person to undertake an outstation journey
amounted to infliction of stress and strain, aggravating his medical
condition and thereby fastening liability on the employer to compensate
the legal heirs of the deceased.
Shakuntala Chandrakant Shreshti vs Prabhakar Maruti Garvali & Anr on 10 November, 2006
14. An appeal was preferred before the High Court, which set aside
the decision of the learned Commissioner, inter alia holding that there
was no material to show that the deceased workman was suffering from
a heart ailment, and that there was no evidence to demonstrate that the
workman was subjected to a sudden stressful condition in the course of
his duty, which brought about cardiac arrest. The decision of the High
Court therein was then challenged before the Supreme Court, and it is
pertinent to refer to the following observations made by the Supreme
Court in Shakuntala Chandrakant Shreshti (supra): -
Jyothi Ademma vs Plant Engineer, Nellore & Anr on 11 July, 2006
16. Reference was also invited by the learned counsel for the
appellant/insurance company to the decision in Jyothi Ademma v.
Plant Engineer, Nellore4, wherein the deceased workman was
suffering from chest pain and was undergoing treatment for the same.
His duties involved switching certain machines on and off in the
factory, and he died while performing these tasks. In that context, it was
4
(2006) 5 SCC 513
FAO 71/2021 Page 8 of 17
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Digitally Signed By:PRAMOD
KUMAR VATS
Signing Date:14.05.2025
11:39:18
held that under Section 3(1) 5 of the EC Act, it must be established that
there was a causal connection between the death of the workman and
his employment. If a workman dies as a natural result of a pre-existing
disease, or while suffering from a disease dies as a result of the normal
wear and tear of employment, no liability would be fastened upon the
employer. At the same time, it was also held that if the employment
contributed to or accelerated the death--i.e., if the death was not solely
due to the disease but due to the disease in combination with the
conditions of employment--then it can be said that the death arose out
of employment and the employer would be liable.
Section 30 in The Employee's Compensation Act, 1923 [Entire Act]
Weatherford Oil Tool Middle East ... vs Baker Hughes Singapore Pte on 20 October, 2022
Ltd. v. Hughes [1910 AC 242 : (1908-10) All ER Rep 220
(HL)] where the deceased, whilst tightening a nut with a
spanner, fell back on his hand and died. A post-mortem
FAO 71/2021 Page 11 of 17
Signature Not Verified
Digitally Signed By:PRAMOD
KUMAR VATS
Signing Date:14.05.2025
11:39:18
examination showed that there was a large aneurism of the
aorta, and that death was caused by a rupture of the aorta.
Tata Aig General Insurance Co Ltd vs Aruna Devi And Ors on 8 February, 2018
Incidentally, this Court had an occasion to consider similar
circumstances in the case of Tata AIG General Insurance Co. Ltd. v.
Aruna Devi6, where four persons, along with a driver, were engaged in
ferrying bricks from Sonepat (Haryana) to CC Colony, Delhi during the
cold night of 03.01.2014. One of them, Subodh Dass, complained of
uneasiness and eventually succumbed to a cardiac arrest. The learned
Single Judge observed that the deceased had continued working despite
his condition, owing to fear of losinh his employment.
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