NTUC Income v Next of Kin of Narayasamy: Workmen's Compensation for Heart Attack Suffered During Employment
NTUC Income Insurance Co-operative Ltd and Asia Coach Services PL appealed against the decision of the Commissioner of Labour to award compensation to the next of kin of Narayasamy s/o Ramasamy, a deceased coach driver. The High Court of Singapore, presided over by Sundaresh Menon JC, dismissed the application, holding that the deceased's heart attack was an accident that arose in the course of his employment, given the strenuous work he was engaged in just prior to his death, despite his pre-existing heart condition. The court found that the work-related exertion was a contributory cause of the fatal heart attack.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
A coach driver with a pre-existing heart condition suffered a fatal heart attack after strenuous work. The court considered whether the heart attack was an accident arising in the course of employment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| NTUC Income Insurance Co-operative Ltd | Applicant | Corporation | Application Dismissed | Lost | Anparasan s/o Kamachi, Amy Lim |
| Asia Coach Services PL | Applicant | Corporation | Application Dismissed | Lost | Anparasan s/o Kamachi, Amy Lim |
| Next of kin of Narayasamy s/o Ramasamy, deceased | Respondent | Other | Compensation Award Upheld | Won | Lim Seng Siew, S K Kumar |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anparasan s/o Kamachi | KhattarWong |
| Amy Lim | KhattarWong |
| Lim Seng Siew | S K Kumar & Associates |
| S K Kumar | S K Kumar & Associates |
4. Facts
- The deceased was a 58-year-old coach driver.
- The deceased's work scope included loading and unloading luggage.
- On 4 March 2004, the deceased was loading bags at the airport.
- The deceased felt breathless and was unable to continue working.
- The deceased was pronounced dead at a nearby hospital.
- The cause of death was a recurrent myocardial infarction.
- The deceased had pre-existing coronary artery disease.
5. Formal Citations
- NTUC Income Insurance Co-operative Ltd and Another v Next of kin of Narayasamy s/o Ramasamy, deceased, OS 238/2006, [2006] SGHC 162
6. Timeline
| Date | Event |
|---|---|
| Deceased started work at about midnight. | |
| Deceased felt breathless and was unable to continue with his work. | |
| Deceased was pronounced dead at about 4.30am. | |
| Decision Date |
7. Legal Issues
- Workmen's Compensation Claim
- Outcome: The court held that the heart attack was an accident arising in the course of employment, entitling the respondent to compensation.
- Category: Substantive
- Sub-Issues:
- Causal link between work and injury
- Accident arising in the course of employment
- Pre-existing medical condition
8. Remedies Sought
- Compensation for personal injury by accident arising out of and in the course of employment
9. Cause of Actions
- Claim for compensation under s 3(1) of Workmen's Compensation Act
10. Practice Areas
- Personal Injury
- Insurance Law
11. Industries
- Transportation
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Clover Clayton & Co, Limited v Hughes | House of Lords | Yes | [1910] AC 242 | England and Wales | Cited as a key authority on whether an injury is an accident arising out of employment when a workman with a pre-existing condition suffers an injury due to exertion. |
| Ormond v CD Holmes & Co, Ltd | English Court of Appeal | Yes | [1937] 2 All ER 795 | England and Wales | Cited to distinguish the present case, as in Ormond, the court found that the work the deceased was engaged in was neither a causative nor even a contributory factor to the injury. |
| Hawkins v Powells Tillery Steam Coal Company, Limited | Not available | Yes | [1911] 1 KB 988 | England and Wales | Cited regarding the principle that it must be shown that there was some occurrence which caused the injury in question. |
| Fenton v Thorley & Co Ltd | House of Lords | Yes | [1903] AC 443 | England and Wales | Cited for the definition of 'accident' within the meaning of the Act. |
| Wilson v Chatterton | English Court of Appeal | Yes | [1946] 1 KB 360 | England and Wales | Cited to establish that an employer cannot escape liability by showing that a disease is a predisposing or even contributing cause of the injury; he must show that it is the sole cause. |
| Persin Kaur v The Renong Tin Dredging Company Ltd | Malaysian Federal Court | Yes | [1967] 2 MLJ 286 | Malaysia | Cited as a case that does not assist the applicants, since it turned on its own facts. |
| Laxmibai v Chairman & Trustees, Bombay Post Trust | Not available | Yes | AIR (41) 1954 Bombay 180 | India | Cited for the principle that where death is due to a strain caused while the workman is doing the work of his employer, and if it is established that that strain, however ordinary, accelerated the death or aggravated the condition of the workman, then the death could be said to have resulted out of the employment of the deceased. |
| Golden Hope Rubber Estate Ltd v Muniammah | Not available | Yes | [1965] 1 MLJ 5 | Malaysia | Cited as one of the Malaysian decisions where an exhaustive review of all the authorities were undertaken. |
| Gan Poh v Union Omnibus Co Ltd | Not available | Yes | [1970] 1 MLJ 188 | Malaysia | Cited as one of the Malaysian decisions that were cited in argument. |
| Robert Miller v The Carntyne Steel Castings Company, Ltd | Not available | Yes | [1935] SC 20 | Scotland | Cited to distinguish between injury by accident and that which is the result of 'wear and tear'. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workmen's Compensation Act (Cap 354, 1998 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Workmen's Compensation Act
- Accident arising out of employment
- Course of employment
- Pre-existing medical condition
- Myocardial infarction
- Causal link
- Strenuous work
- Wear and tear
15.2 Keywords
- Workmen's compensation
- Heart attack
- Employment law
- Accident
- Causal link
- Pre-existing condition
- Singapore
- NTUC Income
- Asia Coach Services
16. Subjects
- Employment Law
- Workmen's Compensation
- Insurance
17. Areas of Law
- Employment Law
- Workmen's Compensation Law