Press Esc to close
Sunday 25 June 2017
News updated at 2:57 AM IST

Death due to heart attack at job place is employment injury:HC

Mumbai, Sep 10, 2013 (PTI) 10:18 IST
File image: For representational purpose
Death due to heart failure at work place amounts to employment injury, the Bombay High Court has held and ordered Employees State Insurance Corporation (ESIS) to pay within a month the claim amount to a 40-year-old housewife whose husband died of cardiac arrest in a factory.

The order was passed by justices K R Sriram and V M Kanade, on September 5, on a petition filed by the widow of Bharguram Mahadik, who worked as a fitter on a meagre salary of Rs 6,000 with Dhanwantari Engineers Pvt Ltd.

Bharguram was registered with ESIS scheme. On March 27 last year, he complained of chest pain and his colleagues took him to a resting area within the factory premises and asked him to rest for a while. As his condition worsened, he was rushed to the Navi Mumbai Municipal Corporation at Vashi.

The provisional cause of death in the certificate issued on the same day mentioned that the insured was "brought dead" to the Hospital. The Insured was declared as dead by the Medical Officer of NMMC Hospital and the cause of death was mentioned as "Acute Myocardial Infarction". At the time of death he was about 50 years old.

The employer of the insured raised a claim for the dependents under the ESI Act on April 11, 2012 but it was rejected by ESIS on May 14. One of the ground said that the deceased cannot be treated as an employee under the ESIS Act.

The ESIS refused to pay the claim, saying that the injury sustained by the employee cannot be treated as an Employment injury under the Act. It further said the insured person had died of natural causes and the death was not related to stress and strain of work.

The widow of the insured Bhagyashree Mahadik argued that the insured died in the factory where he was working and the death was caused during the course of employment. Moreover, the insured was covered under the ESIC scheme, her lawyer Preeti Walimbe contended.

ESIS counsel H V Mehta said the petitioner had an alternative remedy to raise the dispute before the Employees' Insurance Court. He said the insured died of heart failure and he was working as a Fitter in the Company and could not have died due to natural causes related to stress and strain of work.

Go to Top

Photo Gallery
India's Prime Minister Narendra Modi, left and Portuguese Prime Minister Antonio Costa speak...

India's Prime Minister Narendra Modi, left and Portuguese Prime Minister Antonio Costa speak...

Shiv Sena workers protest against and torch the photos of separatist leader Mirwaiz Umar Farooq...

Shiv Sena workers protest against and torch the photos of separatist leader Mirwaiz Umar Farooq...

Police escort escaped prisoner Sayed Mohammed Said from India folowing his capture and return...

Police escort escaped prisoner Sayed Mohammed Said from India folowing his capture and return...

People revel in, and birds flock fly about the high tide at the Marine drive, in Mumbai on...

People revel in, and birds flock fly about the high tide at the Marine drive, in Mumbai on...

Hindu devotees give money to a decorated elephant outside the Jagannath temple on the eve of the...

Hindu devotees give money to a decorated elephant outside the Jagannath temple on the eve of the...

Demonstrators walk behind a police officer during an anti-fascist march, in central, London...

Demonstrators walk behind a police officer during an anti-fascist march, in central, London...

A burning stunt man can be seen during a press viewing of the Stoertebeker Festival on the...

A burning stunt man can be seen during a press viewing of the Stoertebeker Festival on the...

A Dassault Rafale fighter takes part to a flying display during the 52nd Paris Air Show at...

A Dassault Rafale fighter takes part to a flying display during the 52nd Paris Air Show at...

Jools Holland performs on the Pyramid Stage at Worthy Farm in Somerset during the Glastonbury...

Jools Holland performs on the Pyramid Stage at Worthy Farm in Somerset during the Glastonbury...

People move around themselves fire's torch during the San Juan night in the small Pyrenees...

People move around themselves fire's torch during the San Juan night in the small Pyrenees...

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523
Powered by Yodasoft Technologies Pvt. Ltd.