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R. SAKTHIVEL
Management Employees State Insurance Corporation Sub-Regional Office Rep. By its Deputy Director No. 1897, Coimbatore – Appellant
Versus
N. Aaran @ Aruchamy – Respondent
JUDGMENT :
PRAYER: Civil Miscellaneous Appeal filed under Section 82(2) of the Employees' State Insurance Act, 1948, praying to set aside the order dated 14.09.2021 passed in ESICMA No.1 of 2017 on the file of the Employees Insurance Court, Coimbatore.
Challenging the Order dated September 14, 2021, passed by ‘the Presiding Officer, Principal Labour Court (Employees Insurance Court) Coimbatore' [henceforth 'E.S.I. Court' for brevity] in ESICMA No.1 of 2017, the first respondent therein, namely ‘Employees State Insurance Corporation’ [henceforth ‘ESIC’], has preferred this Civil Miscellaneous Appeal.
2. For the sake of convenience, the parties will hereinafter be referred to as per their array before the E.S.I. Court.
Petitioners' case
3. Petitioners are the parents of the deceased - Rajasekar. The case of the petitioners is that their son - Rajasekar, 20 years old, was working as a Worker in the packing section of the second respondent - Employer for a daily wage of Rs.350/-. The deceased was accommodated within the factory premises. On June 3, 2010 at about 09.30 p.m., their son - Rajasekar fell down from the third floor and sustained injuries. Then he was taken to Revathy Hospital, Ti
The burden of proving an accident during the course of employment lies with the claimant, and the journey from the workplace to home for a lunch break is not considered in the course of employment.
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 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.
The necessity of including all relevant parties in insurance benefit claims is critical for just adjudication.
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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