SHAKUNTALA CHANDRAKANT SHRESHTI versus PRABHAKAR MARUTI GARVALI AND ANR.

SHAKUNTALA CHANDRAKANT SHRESHTI versus PRABHAKAR MARUTI GARVALI AND ANR.

There was no causal connection established between the employment and the death by heart attack; mere occurrence in course of employment is not sufficient. Evidence must prove work strain or accident contributed to or caused death. As this was absent, the claim for compensation fails.

Parties
Appellant: Shakuntala Chandrakant Shreshti; Respondent: Prabhakar Maruti Garvali; Respondent: United India Insurance Company Ltd.
Jurisdiction
India
Judgment Date
10 November 2006
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation, Causal Link of Injury With Employment, Death Due to Heart Attack in Course of Employment
Labour Law Workmen's Compensation Causal Link of Injury With Employment Death Due to Heart Attack in Course of Employment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Shakuntala Chandrakant Shreshti

Appellant

Prabhakar Maruti Garvali

Respondent

United India Insurance Company Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the death of a workman by sudden heart attack while working as a cleaner in a vehicle amounts to an accident arising out of and in the course of employment, entitling the family to compensation under the Workmen's Compensation Act, 1923.

Ratio Decidendi

There was no causal connection established between the employment and the death by heart attack; mere occurrence in course of employment is not sufficient. Evidence must prove work strain or accident contributed to or caused death. As this was absent, the claim for compensation fails.

Court Disposition

Appeal dismissed

Orders

  • If any amount has been paid to the appellant, it need not be refunded.