Case Note & Summary
The case involves an appeal by the employer, Western Coal Fields Limited, against an order of the Commissioner under the Employee's Compensation Act, 1923, awarding compensation to the respondents (wife and two sons) for the death of Narsayya Sirsilla, a cable man. The respondents filed an application under Section 22 of the Act claiming Rs. 6,52,280/- for the death of the workman, alleging that he died due to accidental injury while discharging his duty on 29.05.2015. The Commissioner allowed the claim, holding that the death arose out of and in the course of employment. The employer appealed under Section 30 of the Act. The High Court framed two substantial questions of law: (i) whether the Commissioner was justified in allowing the claim in the absence of pleadings that the death arose out of and in the course of employment, and (ii) whether respondent No. 2, who was 19 years old at the time of the claim, was entitled to compensation. The Court noted that the claim petition contained no specific pleadings regarding how the death occurred or that it was due to an accident arising out of employment. The evidence showed that the workman died of a heart attack while on duty, but there was no evidence of any strain or exertion beyond normal work. The Court held that the burden was on the claimants to prove that the death arose out of employment, which they failed to do. Death due to natural disease like heart attack is not compensable unless there is a causal connection with employment. Additionally, respondent No. 2, being a major son, was not a dependent entitled to compensation. The Court allowed the appeal, set aside the Commissioner's order, and dismissed the claim application.
Headnote
A) Workmen's Compensation - Arising out of Employment - Burden of Proof - Employee's Compensation Act, 1923, Section 3 - The claimants must plead and prove that the death or injury arose out of and in the course of employment. In the absence of any pleading or evidence that the death was due to an accident arising out of employment, the claim cannot be sustained. The Commissioner erred in allowing the claim without such proof. (Paras 6-10) B) Workmen's Compensation - Heart Attack - Natural Disease - Employee's Compensation Act, 1923, Section 3 - Death due to heart attack or natural disease is not compensable unless there is evidence of strain or exertion arising out of employment. Mere presence at the workplace is insufficient. The employer is not liable for death due to natural causes. (Paras 6-10) C) Workmen's Compensation - Entitlement of Major Son - Employee's Compensation Act, 1923, Schedule II - A son who has attained majority (19 years) is not entitled to compensation as a dependent under the Act. The Commissioner erred in awarding compensation to respondent No. 2 who was a major. (Para 11)
Issue of Consideration
Whether the Commissioner was justified in allowing the claim application when there were no pleadings or evidence that the death of the workman arose out of and in the course of employment; and whether respondent No. 2 (major son) was entitled to compensation.
Final Decision
Appeal allowed. The judgment and order of the Commissioner under the Employee's Compensation Act, 1923 in Case No. WCA NO. 9/2015 is set aside. The claim application filed by the respondents is dismissed.
Law Points
- Burden of proof
- Causal connection
- Accidental injury
- Arising out of employment
- Course of employment
- Pleadings
- Evidence
- Heart attack
- Natural disease
- Employee's Compensation Act
- 1923
