A factory worker having a heart disease, while coming out of the factory, after four hours of work in the factory, profusely sweated and died aride the factory premises. Is the employer liable to pay compensation ?

In the case of Smt. Sunderbaiv. The General Manager, Ordinance Factory Khamaria, Jabalpur, 1976 Lac. I.C. 1163 (MP) , the Madhya Pradesh High Court has clarified the difference between accident and injury. Accident means an untoward mishap which is not expected or designed by workman, 'Injury' means physiological injury. Accident and injury are distinct in cases where accident is an event happening externally to a man, e.g., where a workman falls from the ladder and suffers injuries. But accident may be an event happening internally to a man and in such cases accident and injury coincide. Such cases are illustrated by failure of heart and the like, while the workman is doing his normal work. Physiological injury suffered by a workman mainly due to the progress of disease unconnected with employment may amount to an injury arising out of and in the course of employment if the work that the workman was doing at the time of the occurrence of the injury contributed to its occurrence. The connection between employments must be furnished by ordinary strain of ordinary work if the strain did in fact contribute to accelerate or hasten the injury. The burden of proof is on applicant to prove the connection of employment and injury In this case, the stress and strain of four hours of work in the factory must be taken to be an accelerating factor to death. The death was the result of the stress and strain, which the workman suffered earlier during the period of work, a connection is established between the employment and his death. In this case death was held to be in the course of employment. [Director DNK Project vs. Stat. D. Buchitalli 1989 14t LLJ 259 (Orissa)]. In view of the above, the employer is liable to pay compensation.