Workmen's Compensation - Workmen Compensation [Thread 101395]

Dear Friends,
In one of the company ( total employees including executives are nine ) ,
Two employees( They are probationers, 3 months only have been completed from the date of joining) have been sent for training to Singapore in one of the sister concern's plant. On a weekend on a holiday after night dinner, while sleeping in night one of the trainees passed away due to cardiac (heart ) arrest. The initial report of the Singapore Police also stated the same .Natural death due to heart failure. Now the question is whether the employer is liable under Workmen's compensation Act? Please advice

Dear Friends,
In one of the company ( total employees including executives are nine ) ,
Two employees( They are probationers, 3 months only have been completed from the date of joining) have been sent for training to Singapore in one of the sister concern's plant. On a weekend on a holiday after night dinner, while sleeping in night one of the trainees passed away due to cardiac (heart ) arrest. The initial report of the Singapore Police also stated the same .Natural death due to heart failure. Now the question is whether the employer is liable under Workmen's compensation Act? Please advice

Dear Mr. Laksminarasimman

In natural death there should be proof of stress & strain due to work conditions & during the course of employment. There is a one case of Jyothi Ademma vs Plant Engineer, Nellore Thermal Power Station, Nellore in which her stand was that his husband died due to stress and strain and filed an application before the commissioner of workmen compensation for compensation of Rs. 100000/- and commissioner had awarded Rs. 61,236/-. The respondent Plant Enginner filed an appeal at Andra High Court and the court found that the nature fo the jobs which the deceased workman was doing could not have caused any stress and strain and, therefore, the death due to heart attack can not be said to have been caused by any accident arising out of and in the course of his employment. Against this order appeleant filed a pettion in Hounable Supreme Court which was not allowed by the court.

For reference please refer Case No. Appeal (civil) 6201 of 2004 Judgement Date 11.07.2006 before you take decision.

If you need copy of judgement please call me on 9935233779.

regards

sant shukla

Dear Friend
First of all we have to see wheather the deceased employee comes under the definition of Worker as per the WC Act than only WC Act apply.
Herein this case the trainee is working as executive and so not to be called as Worker.
Regards