The fatal heart attack suffered by a driver of a state-owned transport corporation while on duty is an “accident as well as personal injury caused to him during the course of employment”, the HC observed.
It dismissed a plea filed by the North Eastern Karnataka Road Transport Corporation (NEKRTC), challenging the April 5, 2017 verdict of the 2nd Additional Senior Civil Judge & Commissioner for Employees Compensation, Kalaburagi, directing it to pay Rs 22 lakh with 12 interest to the family members of Vijayakumar, the deceased driver.
A division bench comprising Justice S Sunil Dutt Yadav & Justice PN Desai noted that Vijayakumar left for duty at 6 am on Sept 5, 2012, & was working non-stop for 11 hours till he died at 5 pm.
“The very nature of work — driving heavy vehicles continuously for more than 22 years — definitely causes stress & strain, which is incidental to the nature of employment. It is not the case of the appellants (NEKRTC) that he had any other disease or died due to some other reason. The medical reports indicate the driver died while on duty due to a heart attack,” the bench observed while directing the corporation to immediately disburse the compensation.
The family members had first moved the commissioner for employees compensation for relief. However, NEKRTC claimed it was a natural death & it is not liable to pay relief.
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