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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S. M. MODAK
Arjun Travels – Appellant
Versus
Jamuna Devi Brijlal Yadav (widow of the deceased) – Respondent
JUDGMENT :
S. M. Modak, J.
1. While admitting the appeal on 24.02.2025, the following substantial questions of law were framed:-
(i) Whether the death of deceased in the present case arose in the course of employment of deceased with the Appellant?
(ii) Whether the evidence on record show that the deceased was found sleeping in the bus and not driving the bus would lead to an inevitable conclusion that the death had not occurred during the course of employment?
(iii) Whether the evidence on record produced by the Appellant establishes that the deceased on the said date was not on duty and thus the accident has not occurred in the course of employment?
2. Accordingly, I have heard learned Advocate Shri Kini for the Appellant-Employer and learned Advocate Shri More for the Respondent Nos. 1 to 3/Claimants/legal representatives of the deceased-Brijlal Yadav. He was a driver by profession. In such an appeal as per first proviso to sub-Section (1) to Section 3 0 of the Employee’s Compensation Act, the Appellant is to be heard only when substantial question of law is involved. In nutshell, the appreciation of evidence done on the basis of the facts cannot be looked into. What can be looked in
Compensation claims require proof of causal connection between death and employment; absence of evidence linking death to work results in claim dismissal.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
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.
The central legal point established in the judgment is the interpretation of 'arising out of and in the course of employment' under the Workmen's Compensation Act, 1923, and the emphasis on a liberal....
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.
The main legal point established in the judgment is the inclusive nature of the definition of 'employer' under the EC Act, and its application to temporary hiring, as well as the requirement for subs....
The court upheld that an employer may be liable for compensation even if a pre-existing health condition contributed to a worker's death if the employment duties exacerbated that condition.
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