Bengaluru: In a landmark court ruling, the Karnataka High Court pronounced that in cases where people are injured while delivering their duty, it should be regarded as an accident. The Court was hearing the case wherein a driver died due to a heart attack while driving state-owned transport corporation bus.
The fatal heart attack suffered by a driver of a state-owned transport corporation while on duty is an "accident as well as personal injury caused to him during the course of employment," the High Court observed.
It dismissed an appeal filed by the North Eastern Karnataka Road Transport Corporation (NEKRTC), challenging the April 5, 2017 verdict of the 2nd Additional Senior Civil Judge and Commissioner for Employees Compensation, Kalaburagi, directing it to pay Rs 21,95,000 with 12% interest to the family members of Vijayakumar, the deceased driver.
A division bench comprising Justices S Sunil Dutt Yadav and P N Desai noted that Vijayakumar left for duty at 6 am on September 5, 2012, and was working non-stop for 11 hours till he died at 5 pm.“The very nature of work — driving heavy vehicles continuously for more than 22 years — definitely causes stress and strain, which is incidental to the nature of employment," the Court noted.
"It is not the case of the appellants (NEKRTC) that he had any other disease or died due to some other reason. The medical reports indicated the driver died while on duty due to a heart attack,” the bench observed while directing the corporation to immediately disburse the compensation.
The family members had first moved the Commissioner for employees compensation for relief. However, NEKRTC claimed it was a natural death and it is not liable to pay relief.
Also read: Karnataka Health Minister hints at police action against untraceable UK returnees
