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2000 Supreme(SC) 1881
SUPREME COURT OF INDIA
D.P.Mohapatra : S.N.Phukan : S.R.Babu
State Of Rajasthan
Versus
Ram Prasad
Case No. : 10678 of 1996
Date of Decision : 11/23/00
Compensation under the Workmens Compensation Act, 1923, is recoverable for deaths caused by natural forces (acts of God) if it is established that the employment exposed the worker to such hazards, establishing the necessary causal connection between the accident and the employment.
Headnote:(A) Workmens Compensation Act, 1923 - Liability for compensation - Death due to lightning strike - Act of God - The concept of liability under the Act is wide enough to cover cases where death occurs as a result of an accident in the course of employment - Although a natural force such as lightning has no inherent connection with employment, a workman can recover compensation by showing that the employment exposed them to such injury (Para 2).
(B) Causal connection - For compensation to be awarded, the accident must have a causal connection with the employment and arise out of it (Para 2).
Facts of the case:
A claim for compensation was filed under the Workmens Compensation Act, 1923, following the death of a worker caused by lightning while she was engaged in work for the employer. The employer contended that the mishap was an act of God and therefore they were not liable to pay compensation.
Findings of Court:
The court found that the worker was working on the site and would not have been exposed to the hazard of lightning striking had she not been performing her employment duties. The death happened as a result of an accident in the course of employment.
Issues: Whether a death caused by a natural force (act of God) is compensable under the Workmens Compensation Act, 1923, when the employment exposed the workman to such a hazard.
Ratio Decidendi: The court ruled that if employment exposes a worker to a risk from a natural force, that force is deemed to have a causal connection with the employment, making the employer liable for compensation under the Act.
Result: Appeal dismissed.
Legal Category Hierarchy
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tort
- act of god
- compensation
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labour and employment
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workmen's compensation
- death in course of employment
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workmen's compensation
-
practice and procedure
- appeal
S.RAJENDRA BABU, J.
(1) A claim was made under the Workmens Compensation Act, 1923 for compensation in respect of death of Smt. Gita who died on account of an accident that took place while she was engaged in doing work for the appellant.
(2) THE accident, it is stated, took place on account of lightning. The contention putforth on behalf of the appellant is that the mishap of death of Smt. Gita due to lightning is in act of God and, therefore, not liable to pay compensation. This contention has been rejected not only by the Commissioner for Workmens Compensation but also by the learned single Judge in appeal and thereafter by a Division Bench in a further appeal. The view taken is that the concept of the liability under the Act is wide enough to cover a case of this nature inasmuch as death had taken place arising as a result of accident in the course of employment. It is no doubt true that accident must have a causal connection with the employment and arise out of it. If the workman is injured as a result of natural force such as lightning though in itself has no connection with employment she can recover: compensation by showing such employment exposed her to such injury. In this case the finding is that the said Smt. Gita was working on the site and would not have been exposed to such hazard of lightning striking her had she not been working so.
(3) THE learned Counsel for the appellant relied upon a decision of this Court in Mackinnon Mackenzie & Co. Pvt. Ltd. v. Ibrahim Mohammed Issak, AIR 1970 SC 1906 :1969 (2) SCC 607 : 1970-I-LLJ-16. The view a taken by the Courts below is not inconsistent with the view taken by this Court. The appeal is therefore dismissed.
