In Regional Director, ESI Corporation Vs. Francis De Costa, reported in AIR 1997 SC 432 : (1996) 6 SCC 1, the Supreme Court at paragraph Nos.5 to 29 held that an employee/ the legal representatives, in order to succeed in the claim will have to prove that the injury that the Workman suffered arose out of and was in the course of employment. The conditions set out in Section 3 of the Act have to be fulfilled before the employee/the legal representatives could claim any benefit under the Act.
20. In Management, Hindustan Aeronautics Ltd., Vs. M.S.Bhagya, reported in 1999(4) LLN 303, the Karnataka High Court, at Para 5 of the judgment held that the burden is cast on the claimant to establish that there must be a causal connection between the death of the workman and his employment. The Court further held that there must be evidence on record to establish that the workman died on account of the work, he was carrying on and if the death had taken in the normal course of way, automatically, it goes to show that there was no connection between his death and employment.
21. In State of Madhya Pradesh vs. Ram Lakhan Lodhi, reported in 2000(1) LLN 580, following a judgment in Sourashtra Salt Manufacturing Company Vs. Bai Vahu Raja [AIR 1959 SC 881] and Regional Director, ESI Corporation Vs. Francis De Costa [(1996) 6 SCC 1], a Division Bench of Madhya Pradesh High Court has held that there must be a causal connection between the accident and employment.
22. In the New India Assurance Co. Ltd., Vs. Sarasu and others, reported in 2005 (3) MLJ 146, the respondents 1 to 3 therein, made a claim for compensation under Section 3 of the Workmen's Compensation Act, 1923 for the death of a workman, who died in an accident which arose in the course of employment. He was a heavy vehicle driver and was on duty as a co-driver. He received massive heart attack. He was taken to a Government hospital, where, he was pronounced dead by the duty doctor. The appellant Insurance Company, resisted the claim on the ground that it is for the claimants to prove that the deceased Workman died during and in the course of employment. On the basis of materials available on record, the Commissioner for Workmen's Compensation, found that the workman died on account of heart attack, which occurred during the course of his employment while he was working as a driver.