Case Note & Summary
The New India Assurance Co. Ltd. appealed against the judgment and award dated 18.12.2007 passed by the Commissioner under Workmen's Compensation Act/Labour Court, Yavatmal in W.C.A. No. 39/2002. The claim was filed by Shaikh Rashid, a driver of Truck No. MH29/6677 owned by respondent no.4, who sustained injuries in an accident on 10.08.2002 resulting in 35% permanent disability. He filed a petition on 19.09.2002 claiming compensation of Rs.1,74,068/-. During the pendency of the petition, he died on 29.05.2004, and his legal heirs (respondent nos. 1 to 3) were brought on record. The Commissioner partly allowed the petition, directing the appellant and respondent no.4 to pay Rs.87,034/- as compensation. The appellant challenged the award on two grounds: (1) the cause of action did not survive to the legal heirs under Section 306 of the Indian Succession Act, 1925, as there was no nexus between the injuries and death; (2) the disability certificate was inadmissible. The respondent nos. 1 to 3 did not dispute the lack of nexus. The court framed the issue of whether the maxim actio personalis moritur cum persona applies to claims under the Workmen's Compensation Act, 1923. The appellant relied on Uttam Kumar (deceased) vs. Madhav and anr., 2002 ACJ 1828. The court held that under Section 306 of the Indian Succession Act, 1925, and illustration (i), the cause of action for personal injuries does not survive to the legal heirs if the death is not caused by the injuries. Therefore, the claim abated on the death of Shaikh Rashid. The court allowed the appeal, set aside the award, and dismissed the claim petition. No order as to costs.
Headnote
A) Workmen's Compensation - Survival of Cause of Action - Section 306 Indian Succession Act, 1925 - The court considered whether the cause of action for personal injuries sustained by a workman survives to his legal heirs after his death, when the death is not related to the injuries. The court held that under Section 306 and illustration (i) of the Indian Succession Act, 1925, the maxim actio personalis moritur cum persona applies, and the claim for personal injuries abates on the death of the workman if there is no nexus between the injuries and death. The legal heirs cannot continue the claim for compensation for personal injuries. (Paras 5-7) B) Workmen's Compensation - Disability Certificate - Admissibility - The appellant challenged the admissibility of the disability certificate. However, the court did not decide this issue as the appeal was allowed on the ground of abatement of cause of action. (Para 3)
Issue of Consideration
Whether the maxim actio personalis moritur cum persona is applicable to claims arising under the Workmen's Compensation Act, 1923, and whether the cause of action survives to the legal heirs of the deceased workman when the death is not connected to the injuries sustained.
Final Decision
The appeal is allowed. The judgment and award dated 18.12.2007 passed by the Commissioner under Workmen's Compensation Act/Labour Court, Yavatmal in W.C.A. No. 39/2002 is set aside. The claim petition stands dismissed. No order as to costs.
Law Points
- Cause of action for personal injury does not survive to legal heirs under Section 306 of Indian Succession Act
- 1925
- Maxim actio personalis moritur cum persona applies to Workmen's Compensation Act claims
- No nexus between injury and death results in abatement of claim
