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Sunday, Jul 16, 2006

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No compensation for death after heart attack at work

Legal Correspondent

There should be causal link between job and death: court

No infirmity in High Court order No scope for stress or strain at work, says doctor

New Delhi: An employer is not liable to pay compensation under the Workmen Compensation Act if his employee dies after heart attack at the work spot, the Supreme Court has held.

Under the Act, it should be established that there has been some causal connection between the death of the workman and his employment, said a Bench consisting of Justices Arijit Pasayat and Lokeshwar Singh Panta. If the death was the consequence of a disease, no liability could be fixed on the employer.

"But if the employment is a contributory cause or has accelerated death, or if the death is due not only to disease but also the disease coupled with the employment, then it can be said the death arose out the employment and the employer would be liable."

Writing the judgment, Justice Pasayat agreed with the Andhra Pradesh High Court findings that there was no injury and that the employee died after heart attack. The nature of his job could not have caused any stress and strain and therefore it could not be said the death was caused by any accident arising out of and in the course of his employment, the Bench said.

J. Venkaiah, working in the Nellore thermal station, died after heart attack on September 24, 1994. On an application from his wife Jyothi Ademma, the Commissioner for Workmen's Compensation awarded Rs. 61,236 accepting the plea that the death was due to the stress and strain closely linked with employment.

On appeal from the employer, the High Court reversed the order. The Bench said the High Court had noted that Venkaiah's job was only to switch on and off a machine and, therefore, the doctor clearly opined that there was no scope for any stress or strain. The High Court order did not suffer from any infirmity, the Bench said and rejected her appeal.

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