Bombay High Court
Gulab Shivram Gangurde And Ors vs The Oriental Insurance Co. Ltd., ... on 26 July, 2021
Bench: R. G. Avachat
C.A. No.6727/2021
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.6727 OF 2021 IN
FIRST APPEAL NO.263 OF 2021
Gulab s/o Shivram Gangurde & ors. ... APPLICANTS
VERSUS
The Oriental Insurance Co. Ltd. & anr. ... RESPONDENTS
.......
Mr. P.C. Mayure, Advocate for applicants
Mr. V.N. Upadhye, Advocate for respondent No.1.
.......
CORAM : R. G. AVACHAT, J.
DATE : 26th JULY, 2021
ORDER:
This is an application for withdrawal of the amount
of compensation granted under the Employees' Compensation
Act (Act for short).
2. Heard. Perused the impugned award.
3. Learned counsel for the appellant Insurance
Company would submit that, no employer-employee
relationship has been established. There is no any causal
connection between cause of death and the nature of
employment of the deceased. The documents on record
C.A. No.6727/2021
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vouch for the cause of death to be heart attack. The term
'injury' defined under Section 3(1) of the Act has not been
correctly interpreted. In short, according to learned counsel,
the appellant Insurance Company has a very good case in
appeal. He, therefore, urged for rejection of the application.
4. Learned counsel for the applicants/ legal
representatives of the deceased would, on the other hand,
submit that the Court below has, on appreciating the evidence
in the case, granted the compensation. He took me through
paragraphs No.21 to 24 of the impugned judgment, and
ultimately urged for grant of the application.
5. It is a case that, the deceased was serving as a
Cleaner on the truck belonging to the respondent No.2 herein
(employer). On the fateful day, the deceased was proceeding
in the truck carrying wheat sacks. A few motorcycle-borne
persons chased the truck from behind, with a view to commit
robbery. The truck driver, therefore, halted the truck. The
deceased and the truck driver took to their heels so as to save
themselves from the alleged robbers. Due to a fast run
undertaken by the deceased, he suffered heart attack and
died in the nearby field. All these facts have not been
disputed by the employer.
C.A. No.6727/2021
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6. True, it may prima facie sound to have no causal
connection between the cause of death and the nature of
employment. The case, however, appears to have been
cleverly made out. I have perused the judgment of the Apex
Court in case of Jyothi Ademma Vs. Plant Engineer, Nellor,
2006 CJ (SC) 427. True, if the workman dies a natural result
of disease, he dies of that disease as a result of wear and
tear, no liability will be fixed upon the employer.
7. The facts of the case in hand, however, indicate
that, the deceased was on duty. Some persons allegedly
chased the truck with a view to rob them. So as to save
themselves, the deceased and the truck driver started
running. Due to the stress, the deceased suffered heart
attack and died. As such, there is causal connection between
the cause of death and the nature of employment. It,
therefore, cannot be said that the deceased did not die as a
result of injury suffered in the accident arising out of and in
the course of his employment. The claimants are six in
number, parents, widow and the minor children. It is,
therefore, desirable to permit the applicants to withdraw 60%
of the amount deposited pursuant to the impugned award.
8. The application is, therefore, allowed. The
C.A. No.6727/2021
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applicants are permitted to withdraw 60% of the amount
deposited on furnishing usual undertaking. The amount
payable to the minor applicants be kept in a fixed deposit in
any of the Nationalised Bank till they attain majority.
( R. G. AVACHAT )
JUDGE
fmp/-
