Compensation for death of employee during the course of employment

Employees Compensation Act, 1923 is a beneficial Indian employment law that provides for payment of compensation in cases of disablement/death in the course of employment. Section 3 of the Act provides for employer’s liability for compensation in case of an accident arising out of and in the course of employment. Therefore while claiming compensation for death due to heart attack in the premises of the employer or for incident of robbery or snake bite it is necessary to prove nexus between the cause of death and the employment. In such unforeseen circumstances everything depends on the nature of work, history of health and similar factors. In few cases, Courts have held that the employer is responsible; Following are the cases where courts have held that the employer is responsible –

Chandramathi V/s Employee’s State Insurance Corporation (M.F.A. No. 1002/96, decided on 14.01.2003)

HP State Forest Corporation Ltd V/s Narmada Devi, decided on 26.03.2008

However there have also been cases where there was no connection whatsoever between the death of the worker due to heart failure and the work, the courts in such cases have held that the employer is not responsible.

In the issue of death by snakebite and accident or due to reasons such as theft, dacoity etc it is necessary to establish a relationship between the injury/death and the employment.

Every case shall be considered upon its facts and circumstances.

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