Malikarjuna G. Hiremath vs Branch Manager, The Oriental Insurance Company Limited and Another [SUPREME COURT OF INDIA, 12 Feb 2009]
Labour & Industrial Law - Workmen Compensation Act, 1923, s. 30(1) - Held, if the workman dies a natural death because of the disease which he was suffering or while suffering from a particular disease he dies of that disease as a result of wear and tear of the employment, no liability would be fixed upon the employer - An accident may lead to death but that an accident had taken place must be proved - Only because a death has taken place in course of employment will not amount to accident - It is the specific case of the claimants that on 30.11.2000 the deceased who was driving the vehicle on the direction of the insured had gone to Gurugunta from Siraguppa - There he had gone to a temple and was sitting on the steps of the pond in the temple and he slipped and fell into the water and died due to drowning - This is not sufficient to fasten liability on either the insurer or the insured
