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1959 Supreme(MP) 14

High Court Of Madhya Pradesh
P. V. Dixit, J.
PARWATIBAI - Appellant
Versus
MANAGER, RAJKUMAR MILLS - Respondents
Civil Misc. Appeal 5 Of 1956
Decided On : 01/16/1959

Advocates Appeared:
G.L.OJHA, G.M.Chafekar

An accident arising out of employment requires a causal connection between the employment and the accidental injury. If the death of a workman is a natural result of a disease from which he was suffering, it cannot be said that his death was caused by an accident arising out of his employment.

Headnote:

WORKMEN'S COMPENSATION - DEATH OF EMPLOYEE - HEART FAILURE - CAUSAL CONNECTION WITH EMPLOYMENT - ACCIDENT ARISING OUT OF EMPLOYMENT - INTERPRETATION OF SECTION 3(1) OF THE WORKMEN'S COMPENSATION ACT, 1923.

Fact of the Case:

The appellant, Parwatibai, claimed compensation as the widow of Kalu, an oilman employed by the respondent, who died of heart failure while at work. The appellant alleged that Kalu received a jerk and shock while belting a machine, causing him to fall and die shortly after. The respondent denied the allegations, stating that Kalu complained of chest pain and was taken to the hospital, where he died due to cardiac failure.

Finding of the Court:

The court found that Kalu did not receive any shock or jerk while belting the machine and did not fall down as a result of any such shock or jerk. The court also found that Kalu was suffering from heart disease, which was the cause of his death.

Issues: 1. Whether Kalu's death was caused by an accident arising out of and in the course of his employment. 2. Whether the heart disease was a contributing factor to Kalu's death.

Ratio Decidendi: The court held that Kalu's death was not caused by an accident arising out of and in the course of his employment. The court reasoned that there was no evidence to show that Kalu got heart disease as a result of his work or that the heart attack was due to an exceptional strain of work that he did on the day in question. The court further held that even if Kalu was suffering from heart disease, there was no evidence to show that his employment was a contributing factor to his death.

Final Decision: The court dismissed the appellant's claim for compensation.

P. V. DIXIT, J.

( 1 ) THIS is an appeal against the decision of the Commissioner for Workmen's Compensation, rejecting the claim of the appellant Parwatibai to compensation as the widow of one Kalu who was an oilman in the employ of the respondent.

( 2 ) THE appellant alleged that on 29-4-1954 Kalu was working as a substitute for a jobber and in the course of the work he was asked to do, ho had to mount a belt on a machine and start it and that while bolting the machine he received a jerk and a shock, and fell down and shortly afterwards) died of heart failure. The appellant claimed compensation to the extent of Rs. 2,400/ -. These allegations were denied by the respondent, who stated that when he was in the Mill premises Kalu complained of pain in the chest; that thereupon he was taken to the Mill hospital for first aid and then removed to M. T. Hospital where he died; that Kalu's death was due to cardiac failure and that it was not due to any personal injury caused by any accident arising out of and in the course of his employment.

( 3 ) THE appellant examined on her behalf two witnesses Bodya and Rewashankar to show that her husband Kalu received a jerk and shock while belting the machine and consequently fell down and died shortly afterwards. Bodya gave the evidence that on the morning of 20-4-1954, Kalu was on a plank about eight to ten feet above the ground trying to belt the machine and that he received a shock and fell down on the plank. The witness did not give any details of the shock and how it was received. He simply said that Kalu received a shock. He also gave no details as to the position, manner and place where according to him Kalu fell down after receiving the alleged shock. The Commissioner for Workmen's compensation found bodya's evidence difficult of acceptance when he admitted that though he was not very far from Kalu, when he fell down, he did not rush and go near him to render succour to him. Bodya also could not give the names of the persons who came to lift Kalu after as the witness said he fell down. The learned Commissioner thought that these statements of the witness cast a grave doubt on the version given by him as regards Kalu's death. The other witness Rewashankar admitted that he was unable to say how Kalu fell down. On the other hand, he made the statement in cross-examination that he had seen Kalu sitting on the plank and then lying down. The medical evidence, which was furnished by Dr. Narayan Prasad Dubey, did not also support the version that Kalu fell down from any plank as a result of a jerk and shock. On this evi-dence, the learned Commissioner found himself un-able to hold that Kalu's death was due to any personal injury caused by accident arising out of or in the course of his employment. The finding that Kalu did not receive any shock or jerk in an attempt to start tho machine and did not fall down on account of any such shock or jerk arrived at by the learned Commissioner is a finding of fact supported by evidence and has to be accepted in this appeal.

( 4 ) ACCORDING to Dr. Narayan Prasad Dubey, Kalu's death was due to cardiac failure. He conducted the post-mortem examination and gave the evidence that he did not find the deceased suffering from any heart disease. Dr. Dubey added that the large vessels of coronary arteries had hardened and that there was no apparent obstruction in them. He was unable to say whether the hardness of the large vessels of the arteries was the direct cause of cardiac failure. It is not easy to reconcile the doctor's statement that he did not find Kalu suffering from heart disease when he added that the coronary arteries had hardened and narrowed. This condition of the heart is medically known as 'arteriosclerosis' and is regarded as an indication of damaged heart. The deceased Kalu was of about fifty years of age. At that age a large number of men develop hardening and narrowing of the arteries. It is well-known that heart-disease in old-age is either t












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