New Delhi: The Supreme Court has held that
dependents of a workman, who dies due to heart attack or other
natural health reasons, are not entitled to compensation
provided for employees dying in accidents "arising out of and
in the course of his employment."
"Compensation would be payable only if the injury is
caused to a workman by accident arising out of and in the
course of his employment. There has to be an accident in order
to attract the provisions of Section 3 (Workmen's Compensation
Act) and such accident must have occured in the course of the
workman's employment.
"As indicated herein above, in the instant case, there is
no nexus between the accident and the death of the workman
since the accident had occured six months prior to his death,"
a bench of Justices Altams Kabir and Cyriac Joseph, said.
The apex court passed the order while upholding the
appeal filed by the employer Rashida Haroon Kupurade who
challenged the Karnataka High Court's direction asking her to
pay compensation to one of his employees who met with an
accident but died of heart attack six months later.
The apex court agreed with the employer that since
evidence on record indicated that there was no nexus between
the accident and his subsequent death which was natural,
Rashida was not liable to pay any compensation under the Act.
PTI
First Published: Monday, February 15, 2010, 21:05