Case Note & Summary
The petitioner, Bhagyashree Bharguram Mahadik, is the widow of an insured person who worked as a Fitter with Dhanwantari Engineers Pvt. Ltd. and earned a monthly salary of Rs.6,500. On 27 March 2012, the insured reported for duty at 8:30 a.m. At about 8:45 a.m., he complained of chest pain and was taken to a resting area within the factory premises. As his condition deteriorated, he was rushed to NMMC General Hospital, Vashi, at about 10:45 a.m., where he was declared brought dead. The provisional cause of death certificate mentioned 'Acute Myocardial Infarction'. The employer filed a claim for dependency benefit under the ESI Act with the respondents (ESIC) on 11 April 2012. However, by letter dated 14 May 2012, the respondents rejected the claim on three grounds: (1) the person cannot be treated as an employee under the ESI Act; (2) the injury sustained cannot be treated as an employment injury; and (3) the insured person died of natural causes. The petitioner challenged this rejection by way of a writ petition before the Bombay High Court. The court framed the issue whether death due to acute myocardial infarction at the workplace constitutes an employment injury under the ESI Act. The petitioner argued that the death arose out of and in the course of employment, relying on the principle that a causal connection between employment and death is sufficient. The respondents contended that the death was due to natural causes and not an employment injury. The court analyzed the provisions of the ESI Act, particularly Section 2(8) defining 'employment injury', and noted that the injury need not be accidental; it includes any injury arising out of and in the course of employment. The court held that the insured person died while on duty, and the strain of work contributed to the heart attack. Therefore, the death was an employment injury. The court allowed the writ petition, set aside the rejection order, and directed the respondents to pay the dependency benefit to the petitioner within four weeks.
Headnote
A) Employees' State Insurance - Dependency Benefit - Employment Injury - Sections 2(8), 46, 51, 52, 52A of Employees' State Insurance Act, 1948 - Death due to acute myocardial infarction at workplace - Claim rejected by ESIC on ground that death was due to natural causes and not employment injury - Court held that death arising out of and in the course of employment is an employment injury even if caused by natural causes, provided there is a causal connection between the employment and the death - The insured person reported for duty, complained of chest pain within 15 minutes, and died within hours - The strain of work contributed to the fatal event - Held that the death was an employment injury and the widow is entitled to dependency benefit (Paras 1-10).
Issue of Consideration
Whether death due to acute myocardial infarction (heart attack) occurring at the workplace can be considered an employment injury under the Employees' State Insurance Act, 1948, entitling the dependent to dependency benefit.
Final Decision
Writ petition allowed. The impugned order dated 14.5.2012 rejecting the claim is quashed and set aside. The respondents are directed to pay the dependency benefit to the petitioner within four weeks from the date of the order.
Law Points
- Employment injury includes death arising out of and in the course of employment
- causal connection between employment and death need not be direct
- natural causes can be employment injury if work contributed to the event
