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C. M. JOSHI
Mala V – Appellant
Versus
Executive Director – Respondent
| Table of Content |
|---|
| 1. claim related to employee's death in workplace. (Para 1 , 2 , 3) |
| 2. dispute regarding employee’s conduct and employer's liabilities. (Para 4 , 12) |
| 3. tribunal's examination of evidence and complaints. (Para 5 , 10 , 11 , 13 , 18 , 19) |
| 4. definition and implications of 'accident' in employment context. (Para 21 , 22 , 23 , 29) |
| 5. causal connection between employment and death. (Para 24 , 26 , 30) |
| 6. final ruling on the appeal and confirmation of prior judgment. (Para 33 , 34) |
JUDGMENT :
C.M.Joshi, J.
Being aggrieved by the judgment and award dated 28/12/2018, passed in ECA No.118/2016 by the learned XVI Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-14), dismissing the claim petition for compensation, the petitioners have approached this Court in appeal.
2. The petitioners are the wife and children of the deceased Venkataraju, who was appointed as Office Attendant on 01.05.2012 by the respondent on contract of service for the work of housekeeping in the premises and also performing the opening and closing of the office and making other arrangements of meetings etc. It was further submitted that, the deceased Venkataraju was earning a sum of Rs.
The central legal point established is the requirement of proving a causal connection between the accident and employment under Section 3(1) of the 1923 Act.
The judgment establishes the principle that an accident must arise both 'out of' and 'in the course of employment' and considers the concept of 'notional extension' of employment.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
An injury is compensable if it arises out of and in the course of employment, establishing a causal connection between the accident and the workman’s duties.
Point of law: expression "accident" means an untoward mishap which is not expected or designed. "Injury" means physiological injury. In Fenton v. Thorley & Co. Ltd., (1903) AC 448, it was observed th....
Compensation claims require proof of causal connection between death and employment; absence of evidence linking death to work results in claim dismissal.
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