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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
New India Assurance Co. Ltd. – Appellant
Versus
Geetha W/o Late Janardhanan – Respondent
JUDGMENT :
1. This appeal is filed challenging the order dated 28.12.2023 in ECC No.1181 of 2016 (WCC No.37/12) of the Employees Compensation Commissioner (Industrial Tribunal), Thrissur. Appellant was the 2nd opposite party in the ECC proceedings. Respondents 1 to 3 were the applicants and 4th respondent is the 1st opposite party in the said proceedings. Parties are hereinafter referred to as per their status before the Employees Compensation Commissioner (ECC).
2. On 09.09.2011, at about 2 P.M., Janardhanan, who was employed as a driver in an autorickshaw bearing number KL-8/F-5475, owned by the 1st opposite party, felt discomfort and chest pain. He contacted the 1st opposite party and sought permission to consult a doctor and take rest. However, the 1st opposite party/ employer compelled the employee to continue his work till evening as there were no substitute drivers. Thus, while driving the auto rickshaw with passengers on board, Janardhanan collapsed, became unconscious and fell out of the moving vehicle. He was immediately taken to the Government Hospital, Cherpu, where he was declared dead. The applicants who were the wife and children of late Janardhanan moved the ECC seeki
The court affirmed that an employee's death can be compensable if caused by stress related to employment, despite pre-existing health conditions.
An appeal under the Employees Compensation Act requires a significant question of law, particularly regarding employer-employee relationships and evidence appreciation.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
Vehicle owner hiring driver for short duration establishes employer-employee relationship under Employees’ Compensation Act via oral/implied contract, proved by owner’s FIR without written proof.
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
Workmen compensation - Merely because death had taken place in course of employment does not necessarily lead to drawing of further inference that it is arising from employment - When there is a caus....
An employee's death due to chest pain and cardiac arrest while on duty is compensable under the Workmen's Compensation Act, 1923, and the insurer is liable to pay compensation with interest at 12% pe....
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