Case Note & Summary
The case involves an appeal by the legal heirs of deceased Manojprashad Kashinath Shahu, a heavy driver employed by Rajeshkumar Dharamshibhai Madhavi. On 17.02.2016, while unloading luggage from a tanker near Vishala Hotel, the deceased suffered a sudden cardiac arrest and died. The claimants filed an application under Sections 4 and 4(A) of the Employee's Compensation Act, 1923, seeking compensation. The Commissioner under the Workmen's Compensation Act, Labour Court, Gandhidham, rejected the application. The High Court of Gujarat at Ahmedabad, in First Appeal No. 5069 of 2023, allowed the appeal, holding that the death arose out of and in the course of employment. The court found a causal connection between the strenuous nature of the work (driving and unloading) and the cardiac arrest, relying on precedents that even if the employee had a pre-existing condition, the strain of work can be a contributing factor. The court set aside the Commissioner's order and remanded the matter for fresh adjudication on quantum of compensation.
Headnote
A) Workmen Compensation - Death due to Cardiac Arrest - Arising out of Employment - The issue was whether the death of a heavy driver due to cardiac arrest while unloading luggage during employment is an accident arising out of and in the course of employment - The court held that there is a causal connection between the nature of work (driving heavy vehicle, unloading) and the cardiac arrest, as the strain of work contributed to the death - The Commissioner's rejection of the claim was set aside (Paras 1-11).
Issue of Consideration
Whether the death of a heavy driver due to cardiac arrest while on duty amounts to an accident arising out of and in the course of employment under the Employee's Compensation Act, 1923.
Final Decision
Appeal allowed. The judgment and award dated 14.06.2023 passed by the Commissioner under the Workmen's Compensation Act, Labour Court, Gandhidham in W.C. (F) Application No.32 of 2016 is set aside. The matter is remanded to the Commissioner for fresh adjudication on the quantum of compensation.
Law Points
- Workmen Compensation
- Cardiac Arrest
- Arising out of Employment
- Causal Connection
- Section 30 Employee's Compensation Act
- 1923
Case Details
R/FIRST APPEAL NO. 5069 of 2023
Y J Patel for Appellants, K V Gadhia for Respondent No.2
LH of DECD. Manojprashad Kashinath Shahu Chanamunidevi Kashinath Shahu & Ors.
Rajeshkumar Dharamshibhai Madhavi & Anr.
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Nature of Litigation
Appeal under Section 30 of the Employee's Compensation Act, 1923 against rejection of compensation claim for death of a heavy driver due to cardiac arrest during employment.
Remedy Sought
Appellants (legal heirs of deceased) sought compensation under Sections 4 and 4(A) of the Act.
Filing Reason
Death of Manojprashad Kashinath Shahu due to cardiac arrest while unloading luggage during employment.
Previous Decisions
Commissioner under Workmen's Compensation Act, Labour Court, Gandhidham rejected the application in W.C. (F) Application No.32 of 2016 on 14.06.2023.
Issues
Whether the death of a heavy driver due to cardiac arrest while on duty amounts to an accident arising out of and in the course of employment under the Employee's Compensation Act, 1923.
Submissions/Arguments
Appellants argued that the deceased died during the course of employment and the strain of work caused the cardiac arrest.
Respondent No.2 (Insurance Company) argued that there was no direct evidence linking work to the cardiac arrest.
Ratio Decidendi
Death due to cardiac arrest during employment can be considered as arising out of employment if there is a causal connection between the nature of work and the death, even if the employee had a pre-existing condition. The strain of work contributing to the cardiac arrest is sufficient to establish the nexus.
Judgment Excerpts
This Appeal is filed under Section 30 of the Employee’s Compensation Act, 1923...
The factual matrix borne out from the record is that Manojprashad Kashinath Shahu (deceased) was working as a heavy driver...
On 17.02.2016, as per instructions of opponent No.1, the deceased went to unload the luggage loaded in the tanker... he suffered a sudden cardiac arrest and expired during the course of his employment.
Procedural History
The legal heirs filed W.C. (F) Application No.32 of 2016 before the Commissioner under the Workmen's Compensation Act, Labour Court, Gandhidham, which was rejected on 14.06.2023. The appellants then filed the present First Appeal No. 5069 of 2023 before the High Court of Gujarat.
Acts & Sections
- Employee's Compensation Act, 1923: Section 30, Section 4, Section 4(A)
