THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL MISCELLANEOUS APPEAL NO.1149 OF 2005
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the APSRTC against the order of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour at Warangal-I in W.C. No.73 of 2001 dt.30.09.2004.
2. Brief facts leading to filing of this Appeal are that one Mr. A.B. Saleem was in the employment of the appellant corporation as driver. On 08.06.1997 while he was driving the vehicle bearing No.1483 on the route Hyderabad, he suffered a massive heart stroke. Immediately he was given first aid treatment at Gayathri Hospital, Kothagudem and subsequently on 09.09.1997, while undergoing treatment in Osmania General Hospital, Hyderabad, he died. The dependents of the deceased driver filed a claim petition before the Commissioner for Workmen's Compensation seeking a compensation of Rs.1,97,600/-. The respondents filed a counter contending that the claim of the dependents that the driver was given restless work, due to which he suffered massive heart stroke, is not correct. It was also submitted that the driver had availed leave from 09.06.1997 to 16.06.1997 for rest and medical check-up and was directed to Tarnaka hospital for 2 treatment and it was during the period of treatment that he died and therefore the death has not occurred out of employment. However, the Commissioner held that the incident has taken place while the driver was on duty. He accordingly granted a compensation of Rs.1,97,600/-. Against the said award, the respondent corporation is in appeal by raising the ground that the deceased had died not because of occupational disease but due to heart attack and therefore there is no nexus between his duty and cause of death.
3. Learned counsel for the appellants, Sri B. Mayur Reddy, argued that the death is not due to any reason attributable to the duties of the deceased as a driver and therefore the compensation awarded by the Commissioner is not sustainable.
4. Learned counsel for the respondents, Sri A.V.Ratnam, submitted that the deceased was in regular employment of the appellants and during the course of duty, he suffered heart stroke and therefore, the death subsequently due to the heart attack is in the course of his employment and the compensation awarded by the Commissioner for Workmen's Company is reasonable and just.
5. Having regard to the rival contentions and the material on record, this Court finds that the deceased driver experienced heart attack / stroke during the course of his employment and though the death has been subsequent thereto during the treatment period, it 3 cannot be said that the death is not due to his employment. As long as there is a casual connection between the employment of the deceased as the driver and his death subsequently, it has to be held to be out of his employment. The Hon'ble Bombay High Court in the case of Abdul Sattar Rahmanbai Vs. Julekhabi Ramhan Daryaward and others1, held that if any employee, while on duty dies of heart attack, the employer will be liable for payment of compensation to his dependents and it is immaterial as to whether the employee was actually performing his duties or not. Therefore, this Court finds no reason to interfere with the award of the Commissioner.
6. The Civil Miscellaneous Appeal is accordingly dismissed. No order as to costs.
7. Pending miscellaneous petitions, if any, in this CMA shall also stand dismissed.
___________________________ JUSTICE P. MADHAVI DEVI Dt.01.12.2021 Svv 1 LLR 1989 page 289