Case Note & Summary
The appeal was filed by the National Insurance Co., Ltd. challenging the judgment and award dated 13.04.2010 passed by the Labour Officer and Commissioner for Workmen Compensation, Chitradurga, in CWC/WCA/F/CR-8/2007. The Commissioner had awarded compensation of Rs.3,84,280/- with interest at 12% p.a. to the claimants, who are the dependents of the deceased workman A.R. Anjan Kumar @ A.R. Anjaneya. The deceased was a driver of a lorry (No. KA.16/B-7862) owned by respondent No.4. On the date of the incident, while driving the lorry, he suffered a heart attack (Acute Myocardial Infarction) and died. The claimants contended that the heart attack occurred during the course of employment due to the strain of driving. The Insurance Company argued that a heart attack is not an 'accidental injury' under the Workmen's Compensation Act, 1923, and that there was no evidence of any strain or stress beyond normal work. The court, after considering the evidence and the circumstances, held that the heart attack was caused by the strain of driving and the stress of employment, and thus it is an accidental injury arising out of and in the course of employment. The court dismissed the appeal, confirming the award of compensation.
Headnote
A) Workmen Compensation - Accidental Injury - Heart Attack - Section 3 Workmen's Compensation Act, 1923 - The issue was whether a heart attack suffered by a workman while driving a lorry during employment constitutes an accidental injury arising out of and in the course of employment. The court held that the strain of driving and the stress of employment contributed to the heart attack, and thus it is an accidental injury under the Act. (Paras 1-10)
Issue of Consideration
Whether a heart attack (Acute Myocardial Infarction) suffered by a workman during the course of his employment amounts to an 'accidental injury' arising out of and in the course of employment under Section 3 of the Workmen's Compensation Act, 1923.
Final Decision
Appeal dismissed; award of compensation confirmed.
Law Points
- Workmen Compensation
- Accidental Injury
- Heart Attack
- Course of Employment
- Arising Out of Employment
- Section 3 Workmen's Compensation Act
- 1923
