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C. M. JOSHI
Mala V – Appellant
Versus
Executive Director – Respondent
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.9,011/- per month. It was further contended that, on 23.02.2015 at about 6:00 a.m, the deceased Venkataraju left the house to attend the work, and thereafter, petitioner No.1 received the call from the respondent stating that her husband has died in the premises. Immediately she rushed to the place of work of her husband and came to know that her husband was murdered by the co-workers. In the scuffle he had sustained injuries and died due to 'accidental murder' committed by the other co-w
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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