JYOTHI ADEMMA versus PLANT ENGINEER, NELLORE AND ANR.

JYOTHI ADEMMA versus PLANT ENGINEER, NELLORE AND ANR.

There is no scope for any stress or strain in performing the duties by the deceased workman, as confirmed by the doctor's report and factual findings. The death due to heart attack at the workplace cannot be said to have been caused by an accident arising out of and in the course of employment. The High Court's findings do not suffer from any infirmity.

Parties
Appellant: Jyothi Ademma; Respondent: Plant Engineer, Nellore; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
11 July 2006
Procedural Posture
Civil Appeal / Appeal Against Judgment of Andhra Pradesh High Court
Outcome
Appeal disposed of; appellant not entitled to compensation, but no recovery of amount already paid.
Legal Topics
Workmen Compensation, Employer's Liability for Injury or Death at Workplace, Definition of 'accident' Under Workmen Compensation Act

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Parties

Jyothi Ademma

Appellant

Plant Engineer, Nellore

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of Andhra Pradesh High Court

  1. 1 Whether the death of the workman due to heart attack at workplace constitutes an accident arising out of and in the course of employment under Section 3 of the Workmen Compensation Act, 1923.

Ratio Decidendi

There is no scope for any stress or strain in performing the duties by the deceased workman, as confirmed by the doctor's report and factual findings. The death due to heart attack at the workplace cannot be said to have been caused by an accident arising out of and in the course of employment. The High Court's findings do not suffer from any infirmity.

Court Disposition

Appeal disposed of; appellant not entitled to compensation, but no recovery of amount already paid.

Orders

  • No recovery from the appellant of any amount paid.
  • Appeal accordingly disposed of. No costs.