United India Insurance Co. Ltd. vs Nanda and Others

B. Manohar, J. - The United India Insurance Company has filed this appeal challenging the judgment and order dated 26.2.2010 passed by the Labour Officer and Commissioner for Workmen''s Compensation, Sub-Division-1, Belgaum, in WCA:SR:31/2009 (hereinafter referred to as ''the WCC'' for brevity).

The respondents 1 to 4 herein filed the claim petition contending that husband of claimant No. 1 and father of claimant Nos. 2 to 4, Nagesh Lad was working as a driver in the lorry bearing registration No. KA- 22/7327 belonging to the 5th respondent herein. On 15.12.2008, after loading the sand while he was i proceeding towards Machche, due to stress and strain developed chest pain. He had parked the lorry and taken rest in the vehicle itself. However, he died in the lorry due to cardiac arrest. Immediately, a complaint was lodged before the Belagavi Rural Police Station, which has been registered as Crime No. 51/2008. The post mortem has been conducted and it was found that the cause of death was cardiac arrest. The wife and children of the said Nagesh Lad have filed the claim petition contending that Nagesh Lad did due to heart attack in view of stress and strain during the course and out of employment. Prior to death, the deceased was earning monthly salary of Rs. 4,000/- and daily bata of Rs. 30/- and he was aged about 40 years at the time of death. The family has lost their bread earner and hence, they sought for compensation of Rs. 8 lakhs with interest @ 18% p.a.

In pursuance of the notice issued by the WCC, the 5th respondent-owner of the vehicle filed written statement admitting that the deceased was working as a lorry driver and he died on 15.12.2008 during the course and out of employment.

The Insurance Company filed the written statement denying the averments made in the claim petition and also disputed the relationship of master and servant between the owner of the vehicle and the deceased. However, contended that the death was not due to the heart attack but it was a natural death and hence, Insurer is not liable to pay compensation and sought for dismissal as against the Insurance Company.

On the basis of pleadings of the parties, the WCC framed necessary issues. The claimants in order to prove their case, the first claimant got examined herself as P.W.1 and got marked the documents as Ex. P1 to Ex.P7. On behalf of respondents, none of the witnesses were examined, however, the insurance policy of the offending vehicle was marked as Ex.R1 with the consent of parties.

The WCC after appreciating the oral and documentary evidence let in by the parties and taking into consideration the police records and other relevant records held that death occurred due to stress and strain while he was working as a driver in the said lorry. The accident occurred during the course and out of employment, the claimants are dependents of the deceased and they are entitled for compensation.

With regard to quantum of compensation is concerned, though the claimants claim that the deceased was getting salary of Rs. 4,000/- p.m. and bata of Rs. 30/- per day, no document has been produced to substantiate the same. Hence, ''he WCC has taken the income of the deceased as Rs. 4,000/- p.m. At the time of accident, the deceased was aged about 42 years, hence the WCC had applied the relevant factor of 178.49 and awarded a sum of Rs. 3,56,980/- with interest at 12% p.a.

With regard to liability is concerned, the vehicle is covered by the insurance policy. Further the deceased died during the course and out of employment. The offending vehicle was covered by the insurance policy. Hence, the liability was fastened on the Insurance Company to compensate the claimants. The appellant-Insurance Company being aggrieved by the judgment and order passed by the WCC, filed this appeal.

I have carefully considered tire arguments addressed by the learned Counsel for the parties and perused the impugned judgment and order and oral and documentary evidence let in by the parties.

The records clearly disclose that the deceased Nagesh Lad was working as a driver in the lorry belonging to the 5th respondent herein. As per the instructions of the owner of the vehicle, after loading the sand at Khanapur, while the deceased was proceeding to Machche on 15.12.2008, he developed chest pain during the course of driving. He parked the vehicle by the side of the road and took rest for sometime. However, while taking rest he died due to cardiac arrest. The doctor who has conducted the post mortem stated that the deceased died due to cardiac arrest on account of stress and strain in his job. Necessary documents have been produced before the WCC to show that the deceased was a workman within the meaning of section 2(1)(n) of the Employees Compensation Act. Hence, the claimants are entitled for compensation.

The contention of the advocate appearing for the appellant is that accident had not occurred and the deceased died natural death cannot be acceptable. Under the Employees Compensation Act, for the death of the employee during the course of employment the claimants are entitled to claim compensation. In the instant case, the deceased was admittedly working as a driver in the said lorry belonging to the 5th respondent herein. After loading the sand at Khanapur, while he was proceeding towards Machche, he developed chest pain. While he was taking rest, he died due to cardiac arrest which is due to stress and strain in his job. The deceased was aged about 42 years and that is not the age of death of a person. Hence, I find no infirmity or irregularity in the judgment and order passed by the WCC, awarding compensation to the dependents of the deceased and fastening liability on the Insurance Company to compensate the claimants. Accordingly, the appeal is dismissed.

The amount in deposit is directed to be transmitted to the Civil Judge (Sr.Dn.). Belgaum for disbursement.

In view of dismissal of the appeal, Misc. Cvl. No. 106440/2010 is rejected.

The registry is directed to send the records to the Court of Civil Judge (Sr. On.), Belgaum, forthwith.