Labour Law

Workmen's Compensation Act, 1923

— S. 3 — Applicability — Words <169>personal injury caused ... by accident arising out of and in the course of his employment<170> — Scope — Need for causal connection between death of workman and his employment — Held, the employment must be a contributory cause (solely or in addition to a disease) or acceleratory cause of the injury or death — In such a case only can it be said that the death arose out of the employment and employer would be liable — In present case, workman dying of heart attack at workplace -Workman found to have been suffering from heart disease and receiving treatment therefor prior to his death at workplace — Work of workman consisting of switching switches on and off only — Doctor clearly opining that given nature of work, there was no scope for stress or strain in duties of workman — Hence, High Court rightly held that death of workman did not arise out of and in the course of his employment, (2006) 5 SCC 513