Insurance Company Held Liable as Cardiac Arrest Linked to Occupational Stress in Landmark Judgment
In a significant ruling, the Jammu & Kashmir and Ladakh High Court upheld the award of compensation to the dependents of Khadam Hussain, a tanker driver who died from a cardiac arrest, linking the fatal incident to occupational stress. The court's decision came as a relief to the claimants, reinforcing the provisions of the Employees Compensation Act, 1923, regarding the liability of employers and insurers in cases of job-related fatalities.
The appellant, Oriental Insurance Co. Ltd., challenged the award granted by the Assistant Labour Commissioner (ALC), Rajouri, which directed them to compensate the deceased driver's family. The compensation amount of Rs. 15,74,400, along with an interest rate of 12% per annum, was initially awarded on June 27, 2022. Hussain succumbed to a cardiac arrest on May 21, 2021, while returning from a trip to Kashmir, having unloaded an oil tanker.
The insurance company argued that the cardiac arrest was unrelated to Hussain’s employment and suggested a breach in the insurance policy. However, the court found no evidence supporting the insurer's claims. The judgment emphasized the stress and strain inherent in long-distance driving, noting that such conditions could reasonably contribute to cardiac events.
Central to the court's decision was the testimony of the deceased's mother and the cleaner/conductor accompanying Hussain, which substantiated the claim of job-induced stress. These accounts, along with medical reports, established a clear connection between the nature of Hussain's duties and his untimely death.
The case drew comparisons with previous Supreme Court rulings, particularly Mst. Param Pal Singh v. M/s National Insurance Co. and Smt. Dariyao Kanwar v. M/s United India Insurance Co. Ltd. Both cases recognized the occupational hazards of driving, where prolonged periods of stress were deemed sufficient to constitute an "accident" under employment conditions.
The court dismissed the insurer's reliance on the Shakuntala Chandrakant Shresti case, where the circumstances differed significantly due to a lack of evidence linking the employee's death to occupational stress. In contrast, Hussain's case was backed by concrete evidence connecting his cardiac arrest to his employment.
In conclusion, the High Court affirmed the ALC's findings, holding the insurance company responsible for indemnifying the claimants. The judgment reiterated the legal stance that employers and insurers are accountable for compensating employees who suffer job-related health crises, thereby upholding workers' rights under the Employees Compensation Act, 1923.
Bottom Line :
Employees Compensation Act - Death of tanker driver due to cardiac arrest while returning after unloading tanker - When pleadings and evidence establish stress and strain of long-distance driving and insurer leads no evidence to prove policy breach, death is held to have arisen out of and in the course of employment and insurer is liable to indemnify.
Statutory provision(s):
Employees Compensation Act, 1923 Sections 3 and 30
Oriental Insurance Co. Ltd. v. Jan Begum, (J&K and Ladakh) : Law Finder Doc id # 2987716
