Heart Attack While Driving On Duty Is An 'Accident' For Claim Under Workman's Compensation Act: Andhra Pradesh High Court
The Andhra Pradesh High Court held that a heart attack suffered by a lorry driver while on duty could be considered a work-related death, eligible for compensation under the Employees Compensation Act, 1923. In this case, the court dismissed the insurer's appeal against a compensation award granted to the family of the deceased driverThe order was passed by Justice Nyapathy Vijay in a...
The Andhra Pradesh High Court held that a heart attack suffered by a lorry driver while on duty could be considered a work-related death, eligible for compensation under the Employees Compensation Act, 1923. In this case, the court dismissed the insurer's appeal against a compensation award granted to the family of the deceased driver
The order was passed by Justice Nyapathy Vijay in a Civil Miscellaneous Appeal filed by an insurance company against an order passed by the Commissioner in a Workmen's Compensation Claim, wherein the Commissioner directed the Company to pay a compensation of Rs.2,66,976/- (Two Lakh Sixty Six Thousand, nine hundred and seventy six rupees) to the claimants, who lost a family member after having a heart attack while on duty driving a lorry.
The Bench has relied on, Param Pal Singh v. National Insurance Co. Ltd and another the Court held:
“In this case, the fact that death by heart attack occurred in the course of driving the lorry from Nagpur to 8 Hyderabad is a clear indicative of the death having been caused due to employment induced stress and there can be no two ways about it. Hence, this Court does not find any grounds or any substantial questions of law to interfere with the compensation awarded by the Commissioner.”
Background:
The deceased, Chukkala Appa Rao, worked as a lorry driver and suffered a fatal heart attack while driving from Nagpur to Hyderabad The respondents, his wife, children, and mother, filed a claim for compensation, arguing that the heart attack was caused by the stress and strain of his job as a long-distance driver They presented evidence suggesting that the deceased was on duty continuously and drove for extended periods, leading to the heart attack
The insurer disputed the claim, arguing that a heart attack is a natural cause of death and not directly linked to employment However, the court referred to previous judgments, including those of the Supreme Court, which recognized that heart attacks could be considered work-related if the employment was a contributory factor or had accelerated the death
The court also highlighted the fact that the deceased suffered the heart attack while driving, further supporting the claim that his death was connected to his employment The court upheld the Commissioner's order granting compensation, finding that the heart attack was indeed a work-related death caused by employment-induced stress.
On the question of determining the quantum of the claim, the Bench compared the various modes that have been prescribed under various Acts, to determine compensation in case of a mishap. In the Motor Vehicles Act, the Court noted, that the scope for compensation is vast.
It acknowledged the disparity in compensation calculation methodologies between the Employees Compensation Act and the Motor Vehicles Act, despite the 'accidents' being the same in both situations and recommended that the issue be examined by the Central Government in consultation with the Law Commission of India.
However, in the absence of a statute, the court could not take any action to increase the compensation in the present case, leaving the original award undisturbed.
The Oriental Insurance Company Limited v Smt Chukkala Eshwari and Others
Civil Miscellaneous Appeal NO: 33/2024
Counsel for the Appellant: A. Jayanti
Counsel for the Respondent(S): Ravi Kumar Tolety, R Briz Mohan Singh (Died)