SUPREME COURT OF INDIA
Jyothi Ademma
Vs
Plant Engineer, Nellore and Another
Appeal (Civil) 6201 of 2004
(Arijit Pasayat and L. S. Panta, JJ)
11.07.2006
ARIJIT PASAYAT, J.
Appellant calls in question legality of the judgment rendered by a learned
Single Judge of the Andhra Pradesh High Court holding that the appellant was
not entitled to any compensation under the Workmen Compensation Act, 1923 (in
short the 'Act'). The appeal filed by the respondents under Section 30 of the
Act was allowed by the High Court. The Commissioner for Workmen's Compensation
(in short 'Commissioner') had awarded a sum of Rs.61, 236/- by award dated
16.6.2001, which was challenged by the respondents before the High Court.
Background facts in a nutshell are as follows:
Mr. J. Venkaiah, the appellant's husband (hereinafter referred to as the
'deceased workman'), was working in Nellore Thermal Station, Nellore. On
24.9.1994 he died at the work spot. Appellant filed an application before the
Commissioner claiming compensation of Rs.1, 00, 000/-. Her stand in the claim
petition was that the death was due to stress and strain closely linked with
the employment of the deceased workman and, therefore, attributable to an
accident arising out of and in the course of employment. The plea found favour
with the Commissioner who made the award as noted above. The respondents filed
an appeal under Section 30 of the Act before the High Court. The primary stand
was that the deceased workman did not die on account of any injury sustained by
him "in any accident arising out of and in the course of his
employment". The High Court noted that there was no injury as such, but he
died due to heart attack at the work spot. The High Court found that the nature
of the job which the deceased workman was doing could not have caused any
stress and strain and, therefore, the death due to heart attack can not be said
to have been caused by any accident arising out of and in the course of his
employment.
In support of the appeal, learned counsel for the appellant submitted that
whenever a person dies as a result of heart attack at the work spot, it can be
said that he died due to the stress and strain of the working conditions. He,
therefore, pleaded that the order of the Commissioner should be restored and
that of the High Court be set aside, as the Commissioner had indicated reasons
in support of his conclusions.
There is no appearance on behalf of the respondents.
Section 3(1) of the Act which is relevant for the purpose of this case reads as follows:-
"3. EMPLOYER'S LIABILITY FOR COMPENSATION. –
(1) If personal injury is caused to a workman by accident arising out of and in
the course of his employment, his employer shall be liable to pay compensation
in accordance with the provisions of this Chapter :
Provided that the employer shall not be so liable –
(a) in respect of any injury which does not result in the total or partial
disablement of the workman for a period exceeding three days;
(b) in respect of any injury, not resulting in death or permanent total
disablement, caused by an accident which is directly attributable to –
(i) the workman having been at the time thereof under the influence of drink or
drugs, or
(ii) the willful disobedience of the workman to an order expressly given, or to
a rule expressly framed, for the purpose of securing the safety of workmen, or
(iii) the willful removal or disregard by the workman of any safety guard or
other device which he knew to have been provided for the purpose of securing
the safety of workmen."
Under Section 3(1) it has to be established that there was some casual
connection between the death of the workman and his employment. If the workman dies
a natural result of the disease which he was suffering or while suffering from
a particular disease he dies of that disease as a result of wear and tear, of
the employment no liability would be fixed upon the employer. But if the
employment is a contributory cause or has accelerated the death, or if the
death was due not only to the disease but also the disease coupled with the
employment, then it can be said that the death arose out of the employment and
the employer would be liable.
The expression "accident" means an untoward mishap which is not
expected or designed. "Injury" means physiological injury. In Fenton
v. Thorley & Co. Ltd. 1903 AC 448, it was observed that the
expression "accident" is used in the popular and ordinary sense of
the word as denoting an unlooked for mishap or an untoward event which is not
expected or designed. The above view of Lord Macnaghten was qualified by the
speech of Lord Haldane A.C. in Trim Joint District, School Board of Management
v. Kelly (1914) A.C. 676 as follows:
"I think that the context shows that in using the word
"designed" Lord Macnaghten was referring to designed by the
sufferer".
In the present case it has been brought on record that the deceased was
suffering from chest disease and was previously being treated for such disease.
The High Court also noted that the job of the deceased was only to switch on or
off and, therefore, the doctor had clearly opined that there was no scope for
any stress or strain in his duties. In view of the factual findings recorded
the High Court's judgment does not suffer from any infirmity.
However, it has to be noted that the amount has already been paid to the
appellants, as stated by learned counsel.
Considering the peculiar circumstances of the case, we direct that there shall
be no recovery from the appellant of any amount paid, though in view of our
judgment she is not entitled to any compensation.
The appeal is accordingly disposed of. No costs.