Death of truck driver on duty due to health deterioration – it is an “accident”
Judgment dated 23.8.2023 of the Supreme Court of India
Death of truck driver on duty due to health deterioration – Whether “accident”
Sumer Singh was employed as a driver with the respondent no.2 for his insured truck. While the truck from Delhi to Baroda on 15.9.2003 in connection with his business, the health of Sumer Singh had deteriorated and expired. The post-mortem was conducted and the CA report ruled out death on account of consumption of liquor or poisonous material.
The truck was insured with the respondent no.1 Insurance Company for 2003-2004. Similarly, the truck owner had paid additional premium to cover two employees for any compensation under the Employees Compensation Act, 1923.
The appellants – legal heirs of deceased Sumer Singh – filed claim for compensation under the Employees Compensation Act, 1923 (earlier known as Workmen’s Compensation Act, 1923).
The Commissioner had granted compensation of Rs.3,26,140/- with interest of 12% from 15.9.2003 till realisation.
The Insurer contended that the death was not directly caused by any accident, the incident may have taken place in the course of employment but it was not arising out of employment. There was no evidence to show that deceased had heart attack due to stress and strain of driving the truck. The claim should have been made under the MV Act, 1988.
The High Court allowed appeal of the Insurer and set-aside the award.
HELD, on consideration of the facts, record, contentions of the parties and following the decision in Param Pal’s case (2013) (3) SCC 409, it was held that even if death did not occur due to the accident but long spells of driving truck was material contributory factor if not the sole cause that accelerated unexpected death. Such an untoward mishap may reasonably be described as an accident, only attributable to the nature of employment.
Civil Appeal No. 5416 of 2012 – Smt. Dariyao Kanwar & Ors Vs. M/s. United India Insurance Co. Ltd and another
