ESIC payble on Heart Attack within the Premises

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9340 OF 2012 Bhagyashree Bharguram Mahadik  vs ESIC 05.Sep.2013
Background: The  late husband of the petitioner (hereinafter referred to as the “insured”) was registered under the ESIS Scheme by his employers-Dhanwantari Engineers Pvt. Ltd., The insured reported for duty on 27.3.2012 at 8.30 A.M. At about 8.45 A.M. he complained of chest pain and his colleagues took him to a resting area within the factory premises and asked him to rest for a while. As his condition started deteriorating at about 10.45 A.M., he was rushed to the Navi Mumbai Municipal Corporation-NMMC General Hospital at Vashi. The provisional cause of death cum death certificate issued on 27.3.2012 mentions the insured was “brought dead” to the Hospital. Insured was declared as dead by the Medical Officer of NMMC Hospital and the cause of death was mentioned as “Acute Myocardial Infarction”. The insured at the time of death was about 50 years old. The employer of the insured raised a claim for the dependents under the ESI Act and the same with supporting documents were filed with the respondents'-office on or about 11.4.2012. However, the respondents rejected the claim by their letter dated 14.5.2012. Hence this writ  petition by the petitioner.
Defense taken by petitioner	Defense taken by respondents
v  That the insured died while in the factory where he was working ; v  The death arose during the course of employment ; v  The insured was covered under the ESIC scheme.	v  The person cannot be treated as an employee under the ESI Act. v  The injury sustained by the employee cannot be treated as an Employment injury under the Act. v  The Insured Person has died of natural causes, the death is not related to stress and strain of work v  the ESI Act provided for an alternative remedy under Section 75 of the ESI Act to raise dispute before the Employees' Insurance Court v  It is a natural death, there is no involvement of stress and strain of work
Judgment: The Court had passed an order in favor of the petitioner thereby directing ESIC to pay dependent benefit on the following grounds: 1.       In a similar case before Madra High Court observed that “ Thus, the moment it is proved that the accident arose in the course of an insured person's employment, it is to be presumed, in the absence of evidence to the contrary, that the accident has arisen out of that employment.” 2.       The Court should interpret the social security provisions liberally in favour of the persons for whose benefit the enactment has been made
Learning:  Dependent can claim in case of Natural Death also. The entire case can be downloaded at the the following: https://docs.google.com/file/d/0B9eCDQfDixrPSEd3a0xBaGp0bFE/edit?usp=sharing