Case Note & Summary
The case involves two first appeals arising from a judgment and award dated 18.5.2010 passed by the Commissioner under the Compensation Act, 1923 and Judge, First Labour Court at Nagpur in Application (WC/F) No.20/2006. The claimant, Smt. Laxmi wd/o Rajanna Kotpalliwar, is the widow of Rajanna, who was employed as a Khalashi (helper) with the Central Railway, Nagpur. On 3.8.2004, the deceased went to Mumbai for official work and while returning to Nagpur by Mumbai-Howrah Express, he died of a heart attack. The claimant filed an application for compensation under the Employees' Compensation Act, 1923. The Commissioner awarded compensation of Rs.3,12,940/- with interest. The Central Railway filed First Appeal No.1063/2010 challenging the award, while the claimant filed First Appeal No.1180/2010 seeking interest from the date of accident and 50% penalty under Section 4-A of the Act. The court considered whether the death arose out of and in the course of employment. It noted that the death occurred while the deceased was on duty, so it was in the course of employment. However, there was no evidence to show that the employment contributed to the heart attack. The court held that the death did not arise out of employment, as the causal connection between the employment and the death was not established. Consequently, the court allowed the Railway's appeal, set aside the Commissioner's award, and dismissed the claimant's appeal for penalty.
Headnote
A) Workmen's Compensation - Death due to heart attack - Accident arising out of employment - The deceased employee, a Khalashi, died of heart attack while returning from official tour. The court held that the death occurred in the course of employment as he was on duty, but there was no evidence to show that the employment contributed to the heart attack. Therefore, the death did not arise out of employment. The Commissioner's award of compensation was set aside. (Paras 1-10)
B) Workmen's Compensation - Interest and penalty under Section 4-A - The claimant sought interest from the date of accident and 50% penalty. The court held that since the death was not an accident arising out of employment, the question of interest and penalty does not arise. The claimant's appeal for penalty was dismissed. (Paras 2, 10)
Issue of Consideration
Whether the death of the deceased employee due to heart attack while on official duty amounts to an accident arising out of and in the course of employment under the Employees' Compensation Act, 1923, and whether the claimant is entitled to interest and penalty under Section 4-A of the Act.
Final Decision
First Appeal No.1063/2010 filed by Central Railway is allowed. The judgment and award dated 18.5.2010 passed by the Commissioner under the Compensation Act, 1923 and Judge, First Labour Court, Nagpur in Application (WC/F) No.20/2006 is set aside. First Appeal No.1180/2010 filed by the claimant is dismissed.
Law Points
- Compensation for death of employee
- Accident arising out of and in the course of employment
- Burden of proof
- Interest and penalty under Section 4-A of Employees' Compensation Act
- 1923
Case Details
2023 LawText (BOM) (04) 149
First Appeal No.1063 of 2010 with First Appeal No.1180 of 2010
Shri N.P.Lambat, Counsel for the Appellants (in FA 1063/2010) and for Respondents (in FA 1180/2010); Shri S.A.Kalbande, Counsel for the Respondent (in FA 1063/2010) and for Appellant (in FA 1180/2010)
1. The Dy.Chief Engineer (C) Ajni, Central Railway, Nagpur; 2. The General Manager, Central Railway, Mumbai, CST. (in FA 1063/2010); Smt.Laxmi wd/o Rajanna Kotpalliwar (in FA 1180/2010)
Smt.Laxmi wd/o Rajanna Kotpalliwar (in FA 1063/2010); 1. Dy.Chief Engineer (C) Ajni, Central Railway, Nagpur; 2. General Manager, Central Railway, CST Mumbai (in FA 1180/2010)
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Nature of Litigation
First appeals against judgment and award of Commissioner under Compensation Act, 1923 granting compensation to widow of deceased employee.
Remedy Sought
Railway sought setting aside of compensation award; claimant sought interest from date of accident and 50% penalty under Section 4-A.
Filing Reason
Death of employee due to heart attack while on official tour; dispute over whether death arose out of employment.
Previous Decisions
Commissioner under Compensation Act, 1923 and Judge, First Labour Court, Nagpur awarded Rs.3,12,940/- with interest to claimant on 18.5.2010.
Issues
Whether the death of the deceased employee due to heart attack while on official duty amounts to an accident arising out of and in the course of employment under the Employees' Compensation Act, 1923.
Whether the claimant is entitled to interest from the date of accident and 50% penalty under Section 4-A of the Act.
Submissions/Arguments
Appellant/Railway argued that the death was due to natural causes and not an accident arising out of employment.
Claimant argued that the death occurred while on duty and thus compensation with interest and penalty is payable.
Ratio Decidendi
For an accident to arise out of employment, there must be a causal connection between the employment and the accident. Mere occurrence of death during the course of employment is not sufficient; the claimant must prove that the employment contributed to the accident. In this case, the death due to heart attack while on duty did not have any evidence linking it to the employment, hence it did not arise out of employment.
Judgment Excerpts
The deceased was an employee of the Central Railway working as a Khalashi (helper) under the control and supervision of the Inspector of Works Department, Ajni in Nagpur Division.
The claimant is the widow of Rajanna (deceased).
The court held that the death did not arise out of employment as there was no evidence to show that the employment contributed to the heart attack.
Procedural History
Claimant filed Application (WC/F) No.20/2006 before Commissioner under Compensation Act, 1923 and Judge, First Labour Court, Nagpur. Commissioner awarded compensation on 18.5.2010. Central Railway filed First Appeal No.1063/2010 and claimant filed First Appeal No.1180/2010 before Bombay High Court, Nagpur Bench. Both appeals were heard together and disposed of by common judgment on 21.04.2023.
Acts & Sections
- Employees' Compensation Act, 1923: Section 4-A
