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november 2006

Supreme Court of India · 2006-11-10

SHAKUNTALA CHANDRAKANT SHRESHTI vs PRABHAKAR MARUTI GARVALI

Citation / case number
SC 2005/19760
Court
Supreme Court of India
Petitioner
SHAKUNTALA CHANDRAKANT SHRESHTI
Respondent
PRABHAKAR MARUTI GARVALI
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court ruled that under the Workmen’s Compensation Act, 1923, the death of an employee due to cardiac arrest while performing duties constitutes an 'accident' arising out of and in the course of employment. The Court emphasized that internal accidents, such as cardiac events, are included within the definition of 'accident' as they coincide with injury. The Court held that the Commissioner for Workmen’s Compensation erred in not analyzing the evidence properly and failing to recognize the nature of the incident as an accident, thus allowing the appeal and directing compensation to be awarded.

SHAKUNTALA CHANDRAKANT SHRESHTI vs PRABHAKAR MARUTI GARVALI · Niyam