IMPORTANT POINT
The court affirmed that a heart attack can be deemed a work-related death if employment stress is a contributing factor.

ORDER :

NYAPATHY VIJAY, J.

1. The present civil miscellaneous appeal is filed under section 30 of the Employees Compensation Act, 1923 against the order dated 05.06.2009 in W.C.No.25 of 2006 passed by the Assistant Commissioner of Labour, Tenali.

2. The facts leading to this appeal are as under:

The deceased-Chukkala Appa Rao worked as a driver under respondent No.5 herein on his lorry bearing No. AP - 16TV – 1557 in which the appellant was the insurer. It was pleaded that the deceased-Chukkala Appa Rao along with cleaner Modumedi Prasad had started from Nagpur to Hyderabad on 28.08.2005 with a load of iron channels and in the course of their journey, they had their dinner at Kukunurpalli Dabha and thereafter they resumed their onward journey towards Hyderabad. At that point of time, the deceased informed the cleaner that he was having pain in the chest and entrusted the lorry/trailer to drive. After reaching Grameena Bank, Kukunurpalli Village, Medak District, the cleaner noticed that the deceased-Chukkala Appa Rao died due to heart attack. Thereupon, the case for compensation was filed by the wife and her two children and mother. It was their case that the deceased was on duty continuously and was driving the lorry for long distances and the heart attack caused to the deceased was due to stress and strain of driving the vehicle. The factum as the deceased had died enroute in the course of work, the Station House Officer, Kukunurpalli Police Station had registered Cr.No.85 of 2005 under section 174 Cr.P.C.

3. The insurance company filed their counter opposing the same. The owner of the vehicle was called absent and was set ex parte on 26.06.2006. In the course of enquiry, A.Ws.1 and 2 were examined i.e. wife of the deceased and husband of the owner of the vehicle Sri P.V.Durga Reddy and Exs.A.1 to A.6 were filed to support their case for compensation.

4. The Commissioner, after considering the oral and documentary evidence, passed an award granting compensation of Rs.2,66,976/- vide order dated 05.06.2009. In this case, no oral or documentary evidence was filed by the insurance company.

5. In the grounds of appeal, the only question that was raised was that a heart attack cannot be considered as a death arising out of or in the course of employment.

6. On the merits of the case:

The Commissioner in his order had referred to a judgment of this Court reported in Depot Manager, APSRTC, Karimnagar v. Gurrapu Anjamma 1999 5 ALT 684, wherein it was opined that the death by heart attack was covered under Employees Compensation Act,1923. This aspect was further reiterated by Hon’ble Supreme Court in Jyothi Ademma v. Plant Engineer, Nellore & Another 2006(5)SCC 513, wherein, it was opined that if the employment is the contributory cause or has accelerated the death or if the death was due not only to the disease but also disease coupled with employment, then the death could be said to be in the course of employment.

7. A similar view on similar facts was taken by the Hon’ble Supreme Court in Param Pal Singh v. National Insurance Co. Ltd and another 2013 (3) SCC 409. In that case, the deceased was driving a truck. He felt chest pain and had stopped the truck safely. Immediately he was rushed to the hospital. But he died. After postmortem it was opined that the cause of the death was heart attack. In that factual background it was contended that death of the deceased was due to natural causes and the death had no casual connection to his employment. The Hon’ble Supreme Court after considering the English cases and Indian cases and after referring to Section 3(1) of the Employees Compensation Act held at para 29 as under:

“29. Applying the various principles laid down in the above decisions to the facts of this case, we can validly conclude that there was causal connection to the death of the deceased with that of his employment as a truck driver. We cannot lose sight of the fact that a 45- year-old driver meets with his unexpected death, may be du