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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
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