HC upholds Rs. 15.74 lakh compensation to family of tanker driver

29/09/2026

JAMMU, Sep 28: The High Court of Jammu & Kashmir and Ladakh has upheld an award of Rs. 15.74 lakh in favour of the dependents of a tanker driver who died of cardiac arrest while returning from Kashmir after unloading the oil tanker, holding that the death was attributable to the stress and strain of his employment.
Justice Shahzad Azeem dismissed an appeal filed by Oriental Insurance Company Ltd. against the award dated June 27, 2022, passed by the Assistant Labour Commissioner, Rajouri, which had awarded Rs. 15,74,400 along with interest at 12 per cent per annum.
The deceased, Khadam Hussain, was employed as the driver of tanker No. JK02CP-1586 owned by Abdul Hanif. According to the claimants, he died on May 21, 2021, at Pampore while returning after unloading the tanker in Kashmir. He became unconscious and was taken to SDH Pampore, where he was declared dead due to cardiac arrest.
The insurer had challenged the compensation, contending that cardiac arrest had no proximity to the nature of employment and that the death could not be treated as having arisen out of and in the course of employment. The insurer relied upon the Supreme Court judgment in Shakuntala Chandrakant Shresti vs Prabhakar Maruti Garvali and another.
Rejecting the challenge, Justice Azeem noted that the evidence established a reasonable nexus between the cardiac arrest and the stress and strain of long-distance tanker driving on the return journey from Kashmir. The court also recorded that the insurer had failed to lead evidence to establish the alleged violation of the insurance policy.
The High Court distinguished the Shakuntala Chandrakant Shresti case, observing that in that matter the employment-related stress and strain had neither been adequately pleaded nor proved. In the present case, the claimants had led evidence regarding the nature of the deceased's employment, the journey and the circumstances preceding his death.
The court also relied upon the Supreme Court judgments in Mst. Param Pal Singh vs M/s National Insurance Co. and Smt. Dariyao Kanwar and others vs M/s United India Insurance Co. Ltd., noting that long spells of driving could constitute a material contributory factor in an unexpected death and that such death may arise out of and in the course of employment.
"Applying that settled law," the court held that Khadam Hussain died during the course of employment of a heart attack attributable to the stress and strain of his duty while returning from Kashmir after unloading the oil tanker. Since the vehicle was insured and no breach of the policy had been proved, the Assistant Labour Commissioner had rightly fastened liability on the insurer to indemnify.
The court held that there was no substantial question of law involved and that the findings of the Assistant Labour Commissioner were neither perverse nor contrary to law. It accordingly upheld the award and dismissed the insurance company's appeal along with the connected applications.
Oriental Insurance Company was represented by Amrit Sarin, Advocate, while the respondents were represented by Rajesh Kumar, Advocate.

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