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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. PALANIVELU
National Insurance Co. Ltd., Bhavani
Versus
A. Saroja & Others
C.M.A.(NPD)No.2338 of 2002
Decided on : 17-09-2008
Workmen's Compensation - Employment Injury - 25(1) - The Workmen's Compensation Act, 1923, Section 3(1), 3(2), 25(1) - The deceased was employed as a Cleaner cum Driver in a lorry and died during the course of employment due to heart ailment. The court held that the strain and stress from the nature of his employment was the proximate cause of his death, making the insurance company liable to compensate the claimants.
Fact of the Case:
The deceased was employed as a Cleaner cum Driver in a lorry and died during the course of employment due to heart ailment. The claimants sought compensation from the employer and the insurer.
Finding of the Court:
The court found that the deceased died due to strain and stress exerted on him by the nature of his employment, making the insurance company liable to compensate the claimants.
Issues: The main issue was whether the deceased's death was a result of employment injury and whether there was a causal connection between the nature of his work and his death.
Ratio Decidendi: The court held that the strain and stress from the nature of the deceased's employment was the proximate cause of his death, making the insurance company liable to compensate the claimants.
Final Decision: The court dismissed the appeal and confirmed the award of the Commissioner for Workmen's Compensation, holding the insurance company liable to compensate the claimants.
1. The averments found in the claim petition are as follows:
1. (i) The first applicant is wife, 2nd and 3rd applicants are parents of deceased Anna Durai and 4th and 5th applicants are the daughters of first applicant and the deceased. The deceased was aged about 28 years at the time of his death. He was employed by the second opposite party as Clearner cum Driver, in his K.P.R. Transports, Perundurai. He was paid a salary of Rs.3,000/- per month besides daily batta of Rs.50/-and bonus. First opposite party is driver and third opposite party is Insurer of lorry belonging to the second opposite party bearing Registration No.TN-37-D-5959.
1. (ii) The said Anna Durai was going as cleaner cum driver in the said lorry under the employment of second opposite party from Pune to Kerala on 25.03.1998. On the way at Karappalli Medu near Rayakottai Road in Hosur, the lorry was stopped. Anna Durai has got severe heart pai womitted blood and was immediately admitted to Hosur Hospital in the same lorry. After examining him the doctor told that Annadurai died a minute before. The said lorry was loaded with iron steel from Pune to Kerala. He died in the course of his employment under the second opposite party in the capacity of Cleaner cum Driver of the lorry. Hence both second and third opposite parties are jointly and severely liable to pay compensation to the petitioners. Annadurai was hale and healthy at the time of accident. He was an experienced cleaner and driver. The applicants were solely depending upon the income of the deceased. Hence a compensation of Rs.5,00,000/- is prayed for.
2. The following are the allegations contained in the counter filed by the third opposite party:
2. (i) It is not admitted that the deceased was working as cleaner under the second opposite party at the time of death. The applicants have not proved the employment under the second opposite party by deocumentary evidence. It is denied that the deceased died in the course of the employment and arising out of the employment as "cleaner" under the second opposite party. It is also incorrect to state that deceased was getting a salary of Rs.3,000/- per month and also daily batta of Rs.50/- and bonus from the second opposite party. He died due to heart attack which proves that the death was due to pre-existing ailment or disease. Hence it is a death out of natural cause and not an accidental death. So the applicants are not entitled for compensation.
2 (ii) It is also false to state that the lorry of second opposite party was insured with this opposite party on the date of accident. This opposite party has not issued any policy of Insurance indemnifying second opposite party against the claims made by workmen such as Driver and Cleaner. It is not admitted that the first opposite party was holding a valid Driving License with necessary endorsements by the competent authority to drive a heavy goods vehicle on the date of accident. It is not true that the applicants except minor children were depending upon the deceased income for their maintenance. It is more definite that the deceased died out of natural cause i.e., heart pain which could not be attributed as an employment injury. The claim of Rs.5,00,000/- as compensation is without any basis which is highly excessive, exorbitant and fanciful. The claimants want to make an unjust enrichment out of the natural death of deceased. Hence the petition may be dismissed.
3. On considering the matter, the Deputy Commissioner of Labour, Salem-7, has entertained the claim petition, observing that the said Annadurai was going in the lorry as "Cleaner" and he died in the course of his employment and directed the third opposite party to pay Rs.1,93,174/- as compensation within 30 days and in default of deposit, the same alongwith interest at the rate of 12%.
4. The Insurance Company, aggrieved with the said award, carried the matter in appeal before this Court.
5. At the time of admission of the appeal, thi
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