New Delhi, July 16 (PTI): The Supreme Court has ruled that if an employee dies at work, the employer is not liable to pay compensation unless the cause of death is linked to the job.
Explaining employers’ liability under the Workmen’s Compensation Act, 1923, a bench of Justice Arijit Pasayat and Justice L.S. Panta said: “It has to be established that there was some causal connection between the death of the workman and his employment”.
The court said if the death was the result of a disease, no liability could be fixed on the employer.
“But if the employment is a contributory cause or has accelerated the death, or if the death was not only due to the disease but also coupled with the employment, then it can be said the death arose out of the employment and the employer would be liable,” the bench clarified.
The ruling came on an appeal filed by Jyothi Ademma who challenged a judgment of a division bench of Andhra Pradesh High Court.
The court had upheld an order of a single bench that Jyothi was not entitled to any compensation from her husband J. Venkaiah’s employer, Nellore thermal station, for his death after a heart attack at work on September 24, 1994.
The high court had reversed the order of the commissioner for workmen’s compensation who had awarded a compensation of Rs 61,236 to Jyothi on June 16, 2001.
The apex court agreed with the high court that there was no injury and that Venkaiah died after a heart attack. It also took note of the fact that he was suffering from a chest disease and was being treated for that.
The nature of his job could not have caused any stress and strain and, therefore, it could not be said the death was caused by any accident arising out of and in the course of his employment, the apex court observed.





