Death caused by stress: HC tells employer to compensate
Mumbai: The Bombay high court this week directed an employer and insurance company to pay out compensation to the kin of a 54-yearold truck driver who had died in 2003, saying the death was “accelerated on account of stress and strain associated with long-distance driving for almost 18 days in trying circumstances. ”
“Any other view of the matter would defeat the beneficial object of the provisions contained in Section 3 of the Employees Compensation Act,1923,” held the HC bench on January 17. The post-mortem report had termed it a natural death due to heart disease.
The HC noted that the truck had left Mumbai for Ranchi17-18 days prior to his death. The driver was headed back to Mumbai when the incident occurred. The employer said it was not due to work pressure. “The distance covered was around 1,800km. There was no second driver. These circumstances deserve adequate consideration,” said the HC, noting the “enormity of the situation which a driver faces on account of long and arduous journey for almost 18 days, uninterrupted. ” The judgment said, “The long distance driving for about 3,600km can be expected to generate stress and strain. . . ”
The HC allowed an appeal filed by the driver’s widow and other family members. The court directed the employer and insurerto jointly and severally pay out a compensation of almost Rs 3 lakh with12% interest per annum since December 2003. The HC told the employer to pay Rs 25,000 penalty.
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