Bombay High Court on Employee’s Compensation: Death in Bus and Course of Employment.

Headnote:

The Bombay High Court considered whether the death of a temporary driver, Brijlal Yadav, due to coronary artery disease while found in the employer’s bus, arose in the course of employment under the Employees’ Compensation Act, 1923. The Court held that while the deceased was on duty, there was no causal connection between the death and the employment, and the claim for compensation could not be sustained. The Court allowed partial humanitarian settlement from the amount deposited with the Commissioner.

Background:

1. The deceased, Brijlal Yadav, was a temporary driver employed by M/s Arjun Travels.
2. On 16 December 2021, he was found dead inside the employer’s bus. Cause of death: coronary artery disease.
3. The employer contended he was not on duty, as he had not signed the muster on that day.
4. The widow and children of the deceased claimed compensation under Section 3 of the Employees’ Compensation Act, arguing that death occurred in the course of employment.

Court’s Observations:

1. Temporary employees are covered under the Act; casual workers can claim compensation.
2. “In the course of employment” includes incidental acts necessary for fulfilling duties.
3. Mere presence in the bus does not automatically create liability; there must be a causal connection between employment and injury or death.
4. Evidence showed the deceased was sleeping in the bus, and there was no proof that employment stress caused the heart attack.
5. Precedents considered:
6. Mackinnon Mackenzie & Co. Pvt. Ltd. v. Ibrahim Mahommed Issak – incidental acts included in employment.
7. Leela Bai v. Seema Chouhan – doctrine of notional extension applied to drivers on duty.
8. United India Insurance Co. v. Susheela – burden on employer to disprove work-related aggravation of cardiac arrest.
9. The Court concluded that there was perversity in the Commissioner’s finding of causal connection between employment and death.

Decision / Order:

1. Appeal allowed.
2. Judgment of the Commissioner for Employees’ Compensation and First Labour Court, Mumbai dated 6 August 2024, set aside.
3. Claim application dismissed.
4. Humanitarian settlement: Rs. 5 lakh to be withdrawn by the claimants from the Commissioner; remaining deposited amount returned to the employer.
5. Pending interim applications disposed of.

Legal Provisions Discussed:

1. Section 3, Employees’ Compensation Act, 1923 – Liability of employer for injury or death arising out of employment.
2. Section 2(1)(dd), Employees’ Compensation Act, 1923 – Definition of employee, including temporary/casual workers.

Citation: 2025:BHC-AS:49023

Case: M/s Arjun Travels v. Jamuna Devi Brijlal Yadav & Ors.

Court: High Court of Judicature at Bombay

Coram: Justice S. M. Modak

Date of Decision: 14 November 2025

First Appeal No.: 390 of 2025

Headnote