Madhya Pradesh High Court
Smt. Savita Kachhi vs The Secretary on 2 March, 2022
Author: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 2nd OF MARCH, 2022
MISC. APPEAL No. 5147 of 2018
Between:-
1. SMT. SAVITA KACHHI W/O LATE JAGANNATH
KACHHI , AGED ABOUT 39 YEARS, R/O MAHILA
UTKARSH MANDAL, WRIGHT TOWN, SUBHADRA
KUMARI CHOUHAN WARD, JABALPUR (MADHYA
PRADESH)
2. SAHIL KACHHI S/O LATE JAGANNATH KACHHI ,
AGED ABOUT 17 YEARS, OCCUPATION: MINOR
THROUGH GUARDIAN MOTHER SMT. SAVITA
KACHHI R/O MAHILA UTKARSH MANDAL,
WRIGHT TOWN, SUBHADRA KUMARI CHOUHAN
WARD, JABALPUR (MADHYA PRADESH)
3. PARMMEET KACHHI S/O LATE JAGANNATH
KACHHI , AGED ABOUT 13 YEARS, OCCUPATION:
MINOR THROUGH GUARDIAN MOTHER SMT.
SAVITA KACHHI R/O MAHILA UTKARSH MANDAL,
WRIGHT TOWN, SUBHADRA KUMARI CHOUHAN
WARD, JABALPUR (MADHYA PRADESH)
4. PARJEET KACHHI S/O LATE JAGANNATH KACHHI
, AGED ABOUT 13 YEARS, OCCUPATION: MINOR
THROUGH GUARDIAN MOTHER SMT. SAVITA
KACHHI R/O MAHILA UTKARSH MANDAL,
WRIGHT TOWN, SUBHADRA KUMARI CHOUHAN
WARD, JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K. N. PETHIA, ADVOCATE )
AND
1. THE SECRETARY GOVERNMENT OF M.P. PUBLIC
HEALTH AND ENGINEERING DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
DEPARTMENT NEAR WATER PARK DAMOH NAKA
(MADHYA PRADESH)
3. EXECUTIVE ENGINEER PUBLIC HEALTH
ENGINEERING DEPARTMENT DAMOH NAKA
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI K. S. BAGHEL, GOVT. ADVOCATE)
This appeal has come up for hearing on this day and the court passed the
following:
ORDER
Appellants have filed this appeal challenging award dated 13.8.2018 passed
by Commissioner for Workmen's Compensation Act cum Labour Court, Jabalpur
in Case No.21/2015/WC, by which claim of appellants for award of
compensation was dismissed.
2. This Court framed following substantial question of law in this appeal:-
"Whether appellant is entitled to get compensation as per Section 3 of
Workmen Compensation Act, 1923 and whether heart attack suffered by
Workmen is covered in definition of accident under Section 3 of Workmen
Compensation Act ?"
3. In view of aforesaid substantial question of law, only question which
arises for determination by this Court is whether death of Workmen from heart
attack will be covered by accident under Workmen Compensation Act or not.
4. Learned counsel for appellants argued that death of Workmen has arisen
out of course of employment and was a case of direct consequences from working
condition, therefore, appellants are entitled to get compensation for death of
Workmen Jagannath Kachhi.
5. On the contrary, learned counsel for the respondents submitted that there
is no connection of nexus between death of deceased Jagannath Kachhi and his
employment. He did not die of accident during working hours. His death was due
to illness, therefore, appellants are not entitled for grant of compensation.
6. Heard learned counsel for the parties.
7. Apex Court in the case of Malikarjuna G. Hiremath vs. Branch
Manager, Oriental Insurance Co. Ltd. and Another , (2009) 13 SCC 403, has
held that to attract Section 3 of Workmen Compensation Act, Workmen has to
give evidence and prove certain facts. Said facts have been mentioned in para-13
of the judgment, which is quoted as under:-
"13. ........22. There are a large number of English and American
decisions, some of which have been taken note of in ESI Corpn. case
[(1996) 6 SCC 1 : 1996 SCC (L&S) 1361] in regard to essential ingredients
for such finding and the tests attracting the provisions of Section 3 of the
Act. The principles are:
(1) There must be a causal connection between the injury and the accident
and the accident and the work done in the course of employment.
(2) The onus is upon the applicant to show that it was the work and the
resulting strain which contributed to or aggravated the injury.
(3) If the evidence brought on records establishes a greater probability which
satisfies a reasonable man that the work contributed to the causing of the
personal injury, it would be enough for the workman to succeed, but the
same would depend upon the fact of each case."
8. In view of aforesaid law laid down by the Apex Court, it is to be
examined whether death of deceased can be said to have occurred during course
of employment and out of accident as per Workmen's Compensation Act.
Workmen has filed document Exhibit P-1C which is letter of appointment as Daily
Wager and his regularization on the post of Wireman, Grade-II, in the pay scale of
2610-60-3150-65-3500 at Division Jabalpur in Office of Chief Engineer, Public
Health & Engineering Department, Jabalpur. Exhibit P-2C is his death certificate.
Said certificate reflects that deceased died on 23.12.2010 at Johri Hospital in
Jabalpur. Copy of attendance register is also filed as Exhibit P-3C and is dated
21.12.2010. Deceased Jagannath Kachhi attended office and was shown as present
on 21.12.2010. As per document Exhibit P-4C deceased was admitted in hospital
on 21.12.2010 and he died on 23.12.2010. Cause of death was sudden cardiac
respiratory arrest. Deceased complained of severe chest pain and uneasiness and
was admitted in hospital. Wife of deceased was examined as P.W-1. As per her
statement deceased went to office where he fell ill and was taken to Johri hospital
where he died. One Nand Kishore Patel has been examined as P.W-2, who has
stated that while working in office he suffered a heart attack and was taken to Johri
Hospital where he died.
9. Considering the aforesaid evidence available on record it is found that
appellants had proved that deceased was employed with respondents and he went
on duty on 21.12.2010 where he fell ill and was taken to hospital which resulted in
his death. Deceased died due to heart attack which occurred to him while he was
on duty and later on succumbed to the said attack on 23.12.2010.
10. In view of same appellants were able to show that there is casual
connection between the death and the accident which was a result of stress and
strain to deceased.
11. In view of aforesaid, appeal is allowed.
12. Age of deceased was 41 years as is evident from a document Exhibit P-
4C. Workman was aged about 41 years. Therefore factor of 181.37 will be
applicable in this case. Salary of deceased workmen for the month of October
2010 was Rs.8521/- . 50% of said amount comes to Rs.4260.50/- rounded off to
Rs.4260/-. Appellants are entitled to get compensation of 4260/- x 181.37=
7,72,636/- rounded off to Rs.7,72,640/- with interest @ 6% per annum from date
of filing of claim application i.e. from 11.2.2015.
Award dated 13.8.2018 passed in Case No.21/2015/WC stands modified to
the aforesaid extent.
(VISHAL DHAGAT)
JUDGE
mms
Digitally signed by MONSI M
SIMON
Date: 2022.03.08 14:17:54 +05'30'
