Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Dec 29: In an important judgement, the state high court said that in cases where transport employees die when discharging duties, such cases should be treated as an accident.

This judgement was delivered by the Kalaburagi division bench comprising Justice Sunil Dutt Yadav and Justice P S Dedasi recently. The bench expressed the view that heart attack during the discharge of duties can be deemed as an accident. "Accident is an unexpected incident that cannot be perceived in advance. Such things cannot be imagined in advance. When an employee is on duty under such circumstances, and if the employee suffers a heart attack, that should be treated as injury to his heart. Therefore, heart attack should be treated as an accident," the bench said.

On April 5, 2017, the second additional senior civil judge who also happens to be the employees’ claims commissioner, had placed an order sanctioning compensation of Rs 21.98 lac to the deceased employee's family.

In the high court, the corporation argued that heart attack does not come under the purview of accident or personal injuries under section 3 of Employees Compensation Act 1923 and sought to cancel the order passed by the commissioner. It also argued that the family of Vijayakumar had not provided documentary proof to confirm that Vijayakumar died out of a heart attack caused by pressure of work and fatigue.