One of my friends was injured when leaving work to get to his home. When he reached the main road from his work place on his two wheeler after logging off from work to get back to his home he was hit by a lorry. He is now paralysed from the neck down.
Will such an accident be covered by the Workmen compensation.
Kindly advise if there are any court judgements that support the same.
From India, Coimbatore
Will such an accident be covered by the Workmen compensation.
Kindly advise if there are any court judgements that support the same.
From India, Coimbatore
Hi Mr.Babu,
It is very difficult query for me to answer however due to the seriousness of your case i searched and found that in Sec:03 of Workmen's Compensation Act-1923.
This section tells that An employer is liable to pay compensation to a workman for personal injury caused to him by accident as well as for any occupational diseases.
Your said case falls on personal accident, the section further tells that the employer is liable to pay compensation only if personal injury is caused to a workman by accident ARISING OUT OF and IN THE COURSE OF HIS EMPLOYMENT. So according to this line your friend accident may arising in the course of employment but not arising out of employment. Hence, there is no question of employer liability so there would be no compensation.
I request other learned members in the group to correct me if there is any mistake.
With regards
Mr.Thumbs Up
From India, Chennai
104It is very difficult query for me to answer however due to the seriousness of your case i searched and found that in Sec:03 of Workmen's Compensation Act-1923.
This section tells that An employer is liable to pay compensation to a workman for personal injury caused to him by accident as well as for any occupational diseases.
Your said case falls on personal accident, the section further tells that the employer is liable to pay compensation only if personal injury is caused to a workman by accident ARISING OUT OF and IN THE COURSE OF HIS EMPLOYMENT. So according to this line your friend accident may arising in the course of employment but not arising out of employment. Hence, there is no question of employer liability so there would be no compensation.
I request other learned members in the group to correct me if there is any mistake.
With regards
Mr.Thumbs Up
From India, Chennai
Dear Pon1965 thanks for the link to the discussion however going through the link it was seen that Supreme court in the case of Francis d Costa did not allow the claim on the employer since the transit was to the place of employment however members like Madhu T.K. had different views. I am not sure if there are other cases which have been ruled differently based on other cases and circumstances. Any help is appreciated.
Thanks.
From India, Coimbatore
Thanks.
From India, Coimbatore
Dear Mr. Kumaran Praveen Thanks for the help. I very much appreciate your help and effort. Will also wait for other members to give their views on the same. Thanks
From India, Coimbatore
From India, Coimbatore
Another judgement which says negative. Not payable.
http://highcourt.cg.gov.in/Afr/court...1408of2007.pdf
From India, Lucknow
http://highcourt.cg.gov.in/Afr/court...1408of2007.pdf
From India, Lucknow
The accident has arisen while transiting home directly from office.
In my opinion theory of notional extension of work spot would enable the injured person to claim accident benefits/compensation.
Welfare legislations are to be construed in a manner that benefits flow to injured people/beneficiaries.
Otherwise the rule gets so strict that unless a person is injured within factory/office or going for office related work, he will not entitled to compensation.
From India, Pune
In my opinion theory of notional extension of work spot would enable the injured person to claim accident benefits/compensation.
Welfare legislations are to be construed in a manner that benefits flow to injured people/beneficiaries.
Otherwise the rule gets so strict that unless a person is injured within factory/office or going for office related work, he will not entitled to compensation.
From India, Pune
Is your friend covered under ESI? Wherever the provisions of ESI Act applies, the provisions of Employees' Compensation Act does not apply. If your friend is covered under ESI, ESI will pay dependent benefit to him.
N.LOKANDHA BABU
From India, Guntur
N.LOKANDHA BABU
From India, Guntur
Hi, Pl. check there is amendment in the Employees compensation act recently. regards, DBN
From Germany, Lohmar
From Germany, Lohmar
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