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The high court relied on the Apex Court’s decision that held that the death of the driver due to a heart attack would be an accident in the course of employment as the driver was subjected to long stress and strain
The Kerala High Court recently granted compensation to a widowed wife and her daughter under the Employees Compensation Act following her husband's death due to a heart attack.
Justice PG Ajithkumar based his decision on the Supreme Court's ruling, which stated that the death of a driver due to a heart attack would be considered an accident occurring during the course of employment, as the driver was exposed to prolonged stress and strain.
The driver was fatigued because he had to replace a tire on his car in the morning. This led to him falling ill, and the car he was driving collided with an electric post on the roadside. The driver was subsequently transported to the hospital but succumbed to his injuries.
The insurance company argued that the driver's death was the result of a heart attack and not related to his employment.
However, the court noted in its order that if he had not experienced a heart attack, such an accident would not have occurred.
“In the instant case, it has come out that the deceased was driving cars for about 40 years. He was aged 60 years at the time of death. A person involved in the avocation of driving for such a long period suffered a heart attack while he was driving the car. The heart attack he suffered while driving had resulted in the accident of his car hitting an electric post. The proximate reason for the death may be heart attack. But, had he not suffered a heart attack, such an accident would not have happened,” the order reads.
The high court also recorded that the Employees Compensation Act is a social legislation intended to compensate employees of certain classes of employers for injury by accident
“Such a beneficial interpretation is apposite since the Employees Compensation Act is a social legislation intended to compensate employees of certain classes of employers for injury by accident. In the light of the law laid down by the Apex Court in Param Pal Singh (supra); facts of that case are similar to this case, there is no escape but to find that Sri.Vasu died in the accident that arose in the course of his employment. Therefore the contrary findings in the impugned order are liable to be set aside,” the order reads.
Case title: Leela & Anr vs M.K. Sukumaran & Anr
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