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

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...