bengaluru the cause of action for award of compensation under workmen compensation act arises only when the death has taken place in the course of employment and has arisen from it ie when there is a causal connection between the death and employment the high court has notedthe observation came while the court was setting aside the compensation of rs 445420 with 12 interest awarded by the court of labour officer and commissioner for workmens compensation belagavithe law is well settled that merely because the death took place in the course of employment does not necessarily lead to drawing further inference that it arose from the employment these two are altogether separate aspects justice p krishna bhat observed while allowing the appeal filed by new india assurance company limited the judge pointed out that the death of santosh shama vittu kolekar was on account of respiratory failure due to massive pleural effusion which had no causal connection with his employmentkolekar was aged 19 years and 10 months and was earning rs 4000 per month by working as a cleaner of a truck owned by gajanan kashinath mayekar a businessman from sawantwadi in maharashtra on december 14 2009 when the truck reached near madhukol near belagavi kolekar collapsed inside the vehicle he was shifted to hospital where the medical officer pronounced him deadthe family members moved the labour officer and commissioner for workmens compensation in belagavi on april 25 2013 holding that there was an employeeemployer relationship and the death had occurred during the course as well as arisen out of employment the compensation was awardedthe insurance company challenged the said award contending that materials produced before the commissioner would go to show there was no causal connection between the death and employment as the postmortem report indicated the death was due to respiratory failure caused by massive pleural effusion