Skip to main content

Employees State Insurance Scheme claim valid in natural death at workplace: HC

In a judgment that will impact lakhs of people registered under the Employees State Insurance Scheme (ESIS), the Bombay high court has ruled that a dependent of an employee who dies a natural death at the workplace is eligible for compensation.

Terming death due to a heart attack at work as "an employment injury'', the high court has directed the Employees State Insurance Corporation (ESIC) to pay a widow monetary benefits that she is eligible to under the scheme within four weeks.

On September 5, 2013, a division bench of Justice V M Kanade and Justice K R Sriram allowed a petition by the widow, Bhagyashree Mahadik, challenging rejection of her claim. Her husband, Bharguram (50), died of a heart attack while at work on March 27, 2012. He was employed with Dhanwantari Engineers as a fitter on a salary and enrolled under ESIS by his employer.

ESIC rejected Bhagyashree's claim saying her husband had died of a heart attack, which cannot be termed as employment injury. It also produced a certificate by a senior state medical commissioner which stated that Bharguram died a natural death and that there was no involvement of stress or strain at work. The judges, though, called this "a cryptic opinion".

The judges said it was an "unfortunate case of a widow having to knock the doors of the high court to recover an insurance claim'' from ESIC. They relied on a Punjab and Haryana high court judgment on the presumption of death as an accident in the absence of evidence to the contrary. They also cited a Madras High Court judgment, which ruled that the objective of the Employees' State Insurance Act, 1948, is to provide certain benefits to employees or dependents in case of sickness, maternity and employment injury. They, therefore, concluded that Mahadik's "death happened only during course of employment". The bench set aside ESIC's communication rejecting the widow's claim and directed it to pay her eligible benefits in four weeks.

Article referred: http://m.timesofindia.com/city/mumbai/Employees-State-Insurance-Scheme-claim-valid-in-natural-death-at-workplace-HC/articleshow/22380042.cms

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...