Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Gautam Kumar Choudhary
General Manager, Katras Area of M/s Bharat Coking Coal Ltd. (wrongly described as West Modidih Colliery) – Appellant
Versus
Sarsatia Devi widow of Late Banshi Beldar – Respondent
| Table of Content |
|---|
| 1. compensation awarded for employee's death (Para 1 , 3) |
| 2. appeal dismissed (Para 2) |
| 3. post-mortem indicates natural death, no accident (Para 4 , 5) |
| 4. causal connection between employment and death (Para 6 , 7 , 8) |
| 5. liability of mining company confirmed (Para 9) |
ORDER :
Gautam Kumar Choudhary, J.
This appeal is against the award of compensation in W.C. Case No.6/2009 for the death of Banshi Beldar (Miner Loader), who was in employment of appellant-Company.
2. Heard learned counsel on behalf of the appellants on the point of admission in terms of Section 30 of the Employees Compensation Act, 1923 to see if the appeal raises any substantial question of law for admission.
3. It is submitted by learned counsel on behalf of appellants that the deceased was an employee of the appellant-Company, and it is also not disputed that on 11.03.2005, he was on duty in second shift when he got ill and thereafter was shifted to Tila Tand Hospital where he died.
4. The main contention raised is that as per post-mortem examination report, the death was natural as a result of spontaneous intra cerebral hemorrhage. It is argued that there is no evidence on record to suggest that there was p
Natural deaths due to work-related stress can qualify for compensation under the Employees Compensation Act if a causal connection to employment is established.
The central legal point established in the judgment is the interpretation of the circumstances under which the employer is liable for employees compensation under section 3 of the Employees Compensat....
The central legal point established in the judgment is the interpretation of the circumstances under which the employer is liable for employees' compensation as per Section 3(1) of the Employees Comp....
The central legal point established in the judgment is the need to establish a proximate nexus between the death of a worker and the nature of their employment to determine liability for compensation....
The court affirmed that an employee's death can be compensable if caused by stress related to employment, despite pre-existing health conditions.
Employer holds liability for compensation under the Employees Compensation Act when the death of an employee is connected to injuries sustained during the course of employment.
Compensation claims under the Employee's Compensation Act require proof of an accident arising out of and in the course of employment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
