Fatal cardiac attack suffered during duty is compensable where employment contributes to or accelerates death.

Joginder Singh, employed as a driver with Haryana Roadways, suffered a fatal heart attack on 24.01.1994 while driving bus No. HR-29-0251 on his assigned route from Jagadhari to Palwal and died during the course of duty.

His widow and dependants filed a claim under the Workmen’s Compensation Act, 1923. The Commissioner held that the death arose out of and in the course of employment and awarded compensation of Rs.75,824/- with interest at 6% per annum from 24.02.1994 and penalty.

The employer challenged the award under Section 30 of the Act, while the claimants filed cross-objections seeking enhancement of compensation, interest and penalty.

Whether the deceased’s death due to a heart attack, suffered while driving the employer’s bus on duty, arose out of and in the course of his employment?

Whether the compensation was correctly assessed by the Commissioner, particularly regarding the deceased’s monthly wages and applicable age-based factor?

Whether the claimants were entitled to interest from the date of the accident rather than after the statutory period of 30 days?

Whether the penalty imposed by the Commissioner required modification in view of the enhanced compensation and the delay in payment?

The Court applied Section 4(1)(a) of the Workmen’s Compensation Act, 1923, under which compensation for death is calculated at 50% of the deceased workman’s monthly wages multiplied by the relevant factor in Schedule IV.

The Court held, relying on Mackinnon Mackenzie & Co. (P) Ltd. v. Ibrahim Mahmmed Issak, AIR 1970 SC 1906, that a causal connection between employment and death is sufficient, and that employment which contributes to or accelerates death satisfies the requirement that the accident arise out of employment.

It further relied on Mst. Param Pal Singh through Father v. M/s National Insurance Co. & another, (2013) 3 SCC 409, recognising that the physical and mental strain of professional heavy-vehicle driving may materially contribute to or accelerate a fatal cardiac event.

On interest, P. Meenaraj v. P. Adigurusamy & another, Civil Appeal No. 209 of 2022, decided on 06.01.2022, establishes that the 30-day statutory period does not bar interest from the date of accident.

The Court found that the employer–employee relationship and the fact that Joginder Singh suffered the fatal cardiac attack while on duty and operating the assigned passenger bus were established.

Applying the causal-connection test, it held that the sustained physical and mental exertion, attention and responsibility inherent in professional bus driving could contribute to or accelerate the cardiac event; therefore, the Commissioner’s finding that the death arose out of and in the course of employment was not perverse.

For quantum, the Court applied the statutory wage ceiling of Rs.1,000/- applicable on the date of accident and the Schedule IV factor of 189.56 for a 38-year-old workman, resulting in compensation of Rs.94,780/- (Rs.1,000 × 50% × 189.56).

Following P. Meenaraj, it directed that interest run from 24.01.1994, the date of accident, and, considering the prolonged non-payment, enhanced the penalty to 20% of the revised compensation.

The compensation was enhanced from Rs.75,824/- to Rs.94,780/-, with interest at 6% per annum from 24.01.1994 until actual realisation, and penalty was fixed at Rs.18,956/-, being 20% of the compensation.

The appellants were directed to deposit the entire amount under the modified award before the Commissioner within two months of receiving the certified copy of the judgment, failing which the claimants could pursue execution in accordance with law.