(I) ACCIDENT - SCOPE

(i) ACCIDENT - SCOPE OF (ALSO IN THE COURSE OF AND ARISING OUT OF EMPLOYMENT)

• If a worker engaged on daily rate basis for construction of a building to be let out, meets with an accident, the employer will be liable for payment of compensation under the Workmen's Compensation Act.

Asmolh Beebi (Died) v. Marimulhu, 1990 LLR 450 (Mad HC).

• An employer after marking his presence during layoff in the factory sustained injury on the way while returning home, he will be entitled to compensation for injury.

Sathyabhama v. Employees' Stale Insurance Corporation, 1991 LLR 567: 1991 (63) FLR 339: 1991-11 LLN 181 (Ker HC).

• Applicability - Contention that as the deceased workman admittedly died of heart attack - And not on account of any accident or injury - Sections 3 and 4 and therefore not attracted and appellant is not liable to pay compensation - Word 'Accident' meaning of.

National Insurance Company Ltd. v. Balawwa, (1994) 1 LL) 443: 1993 LLR 835 (Kar HC). • Death of a workman, due to heart attack at the factory gate, while on way to join duty will amount to an industrial accident and compensation will be payable.

General Superintendent TeIcher Thermal Station v. Bijuli Naik, 1994 LLR 922: 1994-II LLN 636 (Ori HC).

• Death of an employee, a week after falling unconscious due to inhaling and excessive working on cooking gas, will amount to an accident entitling his dependents for compensation.

Divisional Personnel Officer, Western Railway Jaipur v. Ashiya Begam, (1994) II LLJ 795: 1994 LLR 11 (Raj HC).

• Death of a salesman in the arrak shop in a homicidal attack will amount to an 'accident' for claiming compensation.

Mathew 'oseph v. 'oney Sunny, (1995) 11 LL) 1122: 1995 LLR 390: 1995-11 LLN 645 (Ker He).

• An employee, who has jumped the train and met with an accident while going to his work place, will not be entitled to compensation.

Director-General, Combat Vehicles & Research Establishment, Avadi v. Deputy Commissioner of Labour II, Madras, 1995 LLR 460 (Mad HC).

• Killing of an employee by her husband at the work place will not amount to an industrial accident for payment of compensation.

Special Officer, Periyakulam Anna Polythene Workers' Industrial Coop. Society Ltd. v, Ayyammal, 1995 LLR 115 (Mad HC).

• The dependents of a workman dying due to assault by a mob on his way to work place, will be entitled to compensation.

Maherunisha Ahemadkhan Patkan wlo Ahemadkhan Sahebkhan Pathan v. ESI Corporation, 1995 LLR 34: 1995-1 LLN 394: 1995-11 LLj 1 (Guj He).

• Killing of a person while on duty by an unknown person will amount to accident.

United India Insurance Company v. Philo, 1996 LIC 2097: (1996) 1 CLR 1132: (1996) 3 LLN 116: 1996 LLR 521 (Ker He).

• A spare driver travelling in the truck during duty hours will be entitled to compensation on an accident.

Oriental Insurance Company Ltd. v. Knshim, 1996 LLR 595 (Ker He).

• Death of a workman having chest pain at house and dying during working hours will amount to accident for compensation.

Thengachal Estate v. Reethammal, (1996) 2 LLN 779: (1996) 2 CLR 143: (1996) II LLj 511: 1996 LLR 647 (Ker He).

• Death of a supervisor in stone quarry suffering from giddiness will not amount to accident during the course of employment.

Swamalata Samal v. Chaudhary Knnduri Charan Das, 1996 LLR 348: 1995 LIC 703 (Ori He). • aaim for compensation after two months of a worker's fall because of giddiness even while on duty will not be sustainable.

Gangaben wio Chhaganbhan Havabhai v. Reg. Director ESI Contribution, 1996 LLR 301: 1995¬II LLN 1174 (Guj He).

• A driver assisting the garage man in replacing tyres instead of whiling away time will not be deemed that he has exposed to added peril by his own act and compensation will be payable.

Oriental Insurance Company Ltd. Banga/ore v. Vasantha Pitamber Hundre, 1997 LIC 2561 (Ker He).

• High Court can decide a claim for compensation under Workmen's Compensation Act in the spirit of Lok Adalat.

Divisional Mnnager, United India Insurance Company Ltd. v. S.K. Salim Khan, 1999 LLR 422 (Ori He): 1999-1 LLN 510.

• An accident will be deemed during the course of employment if a worker dies due to fall of overhead live electric wire.

Sarat Chandra Rout ([noll) v. Hrusi Patra, (2001) 1 LLj 1313: 2000 LLR 1283 (Ori He).

• No compensation will be payable when an employee died on his way to work due to cardiac arrest.

Durgabai v. Employees' State Insurance Corporation, (2001) 4 Kant Lj 242: 2001 Kant 3364: (2001) 3 LLN 597: 2001 LLR 928 (Kam He).

• No compensation will be payable to the deceased when murdered by his co¬empioyee while sleeping in the hotel.

Lakshmi v. Proprietor, Mis. Hotel Ajantha, (2001) 91 FLR 1170: (2002) 4 Kant Lj 438: (2002) 3 LLN 1024: 2001 LLR 1165 (Kam He).

• Denial of compensation to a workman injured in a offset machine will not be justified on the plea that he himself invited the accident by his own imprudent act.

Management of Devi Press, Madras v. S. Selvaraj, 2001 LLR (Sum) 415 (Mad He).

• An accident will be deemed to have arisen out of and in the course of employment when the deceased helper was asked by the driver to bring kerosene.

Oriental Insurance Company Ltd. v. Sri Puma Shaw, 2001 LLR 183 (Ori He).

• A teacher will not be a 'workman' under Workmen's Compensation Act.

Joint Director of Public Instructions, lvIandya District v. B. V. Suvarna, 2001 LLR 860 (Kam HC).

• Compensation for accident cannot be denied to a child.

New India Assurance Campany Ltd. v. Rachaiah Basaiah Banachari, (2001) III LLj (Supp) 254: 2001 LLR 227 (Kam HC).

• Suffering injuries by an employee due to assault by some persons at the bus stop will not be 'employment injury'.

Employees' State Insurance Corporation v. Sasi, 2002 LLR 453 (Ker HC).

• An employer will not pay compensation if an employee dies in an accident on his way to work place while travelling in a public transport.

State Bank of India v. Vijay Laxmi, 1998 LIC 524: (1998) 1 CLR 843: (1998) 2 LLN 590: 1998 LLR 319 (MP HC).

• Death of a workman due to snake bite while on duty will amount to 'accident'.

Taj Khan Hnusa v. Patel Prevbha Neemuch, (1999) 81 FLR 607: (1999) III LL) (Supp) 1246: 1999 LLR 63 (MP HC).

• No compensation will be payable to workman injured while stepping down from the train.

Regional Director, ESI Corporation v. Rnmjivan Shriram, 1998 LLR 944 (Cuj He).

• For claiming compensation, it is for the claimant to establish that death was due to an accident during the course of employment.

K. Mallika v. Executive Engineer, Potteru, Irrigation Division, Balimela, (2000) IIII LL) (Supp) 678: 2000 LLR 260 (Or. HC).

• An employer will not be liable to pay compensation to an employee for accident which has taken place far away from the place of work.

B.CCL. v. Shri Smrit Mahato, 2003 LLR 34 (Jhar HC); General Manager, South Eastern Railway v. Abdul Wahid, 2003 LLR 64 (Jhar HC).

• In order to be entitled for compensation, an employee must establish that the accident has causal connection with the employment.

B.CCL. v. Shri Smrit Mahato, 2003 LLR 34 ()har HC)

• Death of a truck driver due to heart attack in the cabin of truck will be deemed an accident for compensation.

Oriental Insurance Company Ltd. v. Sumantari Bai, (2003) IV Lt.) (Supp) 824 (NOC): 2003 LLR 234 (MP HC).

• Death of a driver collapsing due to heart attack will be deemed as an accident during the course of employment.

United India Insurance Company v. T. Shanmuga Mudaliar, 2003 LLR 251 (Mad HC).

• An employee receiving injury on his back due to electric shock and falling from the electric poll entailing paralysis in both legs will be constinued permanently disabled and 90% compensation has been rightly awarded by Compensation Conunissioner.

R.S.E. Board, Nagpur v. Suwa Puri, 2003 LLR 528 (Born HC).

• Simply that the employer has provided residential accommodation to the employee in the factory premises, the theory of notional extension about death of the employee will not be attracted when the deceased has died due to the electric shock while taking bath at the bore well.

Mummidipalli Syamaladvi v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 538, 2003 (97) FLR 372 (AP He).

• Employment of a workman does not commence until he has reached the place of employment and when he has left the place of employment, the journey to and from the place of employment being excluded.

Mummidipalli Syamaladvi v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 538, 2003 (97) FLR 372 (AP He).

• The appellant having engaged the home guard on deputation cannot escape the liability for payment of compensation to the dependent of the deceased home guard who died due to the explosion in Magazine.

ee Ltd. v. Bhim Yada~, 2003 LLR 574, 2003 (97) FLR 267 ()har HC).

• The deceased, who was working as a cleaner/loader coming into contact with live electric wire would be covered as a workman as such accident had occurred during the course of his employment and the dependents of the deceased will be entitled to compensation. Also the insurer can not escape the liability under the insurance policy.

Orienta/Insurance Company Ltd., Knnpurv. Kn/awati Yadav, (2003) II LLj 704, (2003) 97 FLR 380, 2003 LLR 621 (All He).

• The widow of an employee who was shot dead by unknown persons while returning home after overtime duty will not be entitled to compensation.

B.eeL. v. Chandra Prabha Singh, 2003 LLR 699: 2003-11 LLN 698 Ghar HC).

• The Compensation Commissioner erred in holding that the principle of notional extension will be applicable when the employee was shot dead by unknown persons while travelling in a public transport after returning from duty.

B.eeL. v. Chandra Prabha Singh, 2003 LLR 699, 2003-11 LLN 698 Ghar He).

• The deceased, a binder, went for taking bath while he was working died in the lightening shock, it will be an accident during the course of employment and the dependents will be entitled to compensation.

Kendu Leaves, Athamallick v. Chaitanya Sahu, 2003 LLR 799,2003 (97) FLR 1089 (Ori He). • The deceased, though serving tea and termed as a salesman, can not be. excluded from the definition of 'workman' since a nomenclature is not the determining factor to deprive the dependents from receiving compensation.

Arunkumar v. amana Amma, (2003) IV LL) (Supp) 549: 2003 LLR 850: 2003 (98) FLR 817 (Ker HC).

• The phrase "arising out of employment" for fastening the liability to pay compensation in an accident depends upon its own facts and circumstances and as it must have nexus to the duty of the employee.

United India Insurance Company Ltd. v. Sudini Indira, (2003) IV LLj (Supp) 948 NOCo 2003 LLR 1119, 2003 (98) FLR 451 (AP HC).

• The relationship of employer and employee will emerge even when an employee is engaged for one day and the claim for compensation by the dependent of the deceased workman dying in an accident during the course of his employment can not be stalled that the engagement of the deceased was of casual nature.

New India Assurance Company Ltd. v. Mohan Kumar Sahoo, 2004 LLR 71: 2003 (99) FLR 796 (Ori HC). 

• When the workman was called for night duty even though he had worked during the day, had collapse about an hour after joining the duty will raise a presumption that the work strain has contributed to or accelerated the accident i.e. death due to heart attack.

Kalyani P. v. Divisional Manager, Southern Railway (Personal Branch), Divisional Office, Mndras, 2004 LLR 207: 2004-1 LL) 49 (Mad HC).

• When the deceased motor driver, who was attacked and murdered by the dacoits while he was on duty driving the vehicle, which ultimately resulted in his death by the dacoits hence there was a casual connection between the accident and the employment the claimants are entitled to compensation.

New India Assurance Company Ltd. v. Ratan Thakur, 2004 LLR 280 (Ori HC).

• If an employee dies of heart attack, it will amount to an 'accident' and the employer will be liable to pay compensation.

Union of India rep. by Divisional Manager, South Central Railway, Vijayawada v. S. Mnriyammn, 2004 LLR 814 (AP HC).

• An employee undergoing training in a camp dies due to heart attack during night cannot be termed an accident 'beyond duty hours'.

Union of India rep. by Divisional Manager, South Central Railway, Vijayawada v, S. Mnriyammn, 2004 LLR 814 (AP HC).

• Once a workman reports for duty and accident occurs, the question whether he has reported for duty to his superior becomes irrelevant.

Hindustan Shipyard Ltd., Visakhapatnam v. Mohnoob Subhani, 2005 LLR 26 (AP HC).

• Heart attack, while on duty, will lie construed as an accident for payment of compensation.

Hindu Inter College, Kandh/a, Muzaffarnagar v, Prescribed Authority (Minimum Wages Act, 1948), 2005 LLR 352 (All HC).

• Death of a conductor, by drowning in the stream at 3.30 a.m. to attend homely needs, will be treated as an 'accident' since he has stayed in the bus to commence his journey at 5 a.m.

Oriental Insurance Company Ltd. v. Thankappan, 2005 LLR 957 (Ker HC).

• The death of a lorry cleaner, while bringing tiffin at the instance of the driver, will be an 'accident' and his dependents will be entitled to compensation.

New India Assurance Company Ltd., Secunderabad v. P. Padmnvathi, 2005 LLR 869 (AP HC). • An employer will be liable to pay compensation to a truck driver as murdered on the way alongwith the goods as loaded in the truck.

Oriental Insurance Company Ltd. v. Rachna Devi, 2005 LLR 902 (P&H HC).

• The term 'accident' means "mishap" or "untoward" event not expected or designed, may be even due to negligence on the part of the workman.

Oriental Insurance Company Ltd. v. Rachna Devil 2005 LLR 902 (P&H He).

• Death of a lorry driver who, after parking the vehicle, was crossing the road to have supper and having been hit by another vehicle will amount to an accident arising out of and during the course of employment.

Oriental Insurance Company Ltd. v. Santhi, 2005 LLR 1066 (Mad He).

• The word 'accident' should be understood as denotes 'an unlooked for mishap or an untoward event which not expected or designed'.

Shah v. Rajankutty, 2005 LLR llU(Ker He).

• A workman's murder by co-workman will not be an accident for payment of compensation.

K. Vijayalakshmi v. Management of Amatgmations REPCO, Madras, 2006 LLR 798 (Mad HC).

• Murder of kidnapped driver will make the insurer liable for compensation.

Oriental Insurance Company Ltd., Chennai v. D. Sakunthala, 2006 LLR 809 (Mad He).

• Death of a truck driver due to heart attack, will amount to an accident for payment of compensation.

Divisional Manager, United India Insurance Company Ltd. v. Sabitri Devi, 2006 LLR 818 (Jhar HC).

• A lessee of mill cannot escape liability for compensation to dependents of workman dieing in an accident

Thati Ranga Rao v. L. Varalaxmi, 2007 LLR 19 (AP He).

• Death due to cardiac arrest even at workplace, in course of employment will not amount to accident for payment of compensation.

Shakuntala Chandrakant Shr,shti v. Prabhakar Maruti Garuali, 2007 LLR 185 (SC).

• Death due to heart attack cannot by itself be presumed that an accident had occurred.

BriJum Mumbai Municipal Corporation v. Dashrathsatyawan Gawade, 2007 LLR 205 (Born HC).

• The concept of notional extension under the Workmen's Compensation Act for granting compensation will be applicable when there has been unrebutted evidence to show that the death of the deceased has occurred due to stress and strain resulting in cardiac arrest on his way while he was returning after duty.

United India Insurance Company Ltd. v. Susheela, 2004 LLR 425 (Kam He).

• In the absence of evidence that the death by way of cardiac arrest has occurred because of stress or strain, no compensation will be granted.

Shakuntala Chandrakant Shreshli v. Prabhakar Maruli Garuali, 2007 LLR 185 (SC).

• Phrase 'Out of and in the course of employment' - Deceased employed for loading and unloading stones from the tractor - While on work had gone to ease himself - Suffered heart-attack - Taken to hospital and died there - Whether death arose 'out of and in the course of employment'? Yes.

National Insurance Company Ltd. v. Balwwa, (1994) 1 LLj 433: 1993 LLR 835 (Kar He).

• No compensation for accident when death is due to stress and strain.

National Insurance Co. Ltd. v. Mat. Param Pal Singh, through his father Sh. Santokh Singh, 2007 LLR 984 (Del He).

• A tempo driver, getting down from tempo, bitten by a dog, running and felling down will get compensation.

Oriental Insurance Co. Ltd. v. Joseph, 2007 LLR 988 (Ker He).

• No compensation will be payable when a cleaner met with an accident while driving the tractor.

New India Assurance Co. Ltd. v. K.S. Puttappa, 2007 LLR 992 (Kam He).

• Award of Compensation is justified when workman died while crossing railway track.

Union of India v. Dhara Singh, 2008 LLR 748 (Raj He).

• Death of a workman while returning application for permission to join duty would not be an accident for compensation.

South Eastern Coal Fields Ltd. v. Shyarna Nagvanshi, 2008 LLR 783 (SN) (Chht He).

• Death of a lorry driver, developing chest pain while driving will be an accident for compensation.

Mnnager, National Insurance Company Ltd., Gulbarga v. Mnhabooba Bi, 2008 LLR 1028 (Kam HC).

• Murder by a subordinate, since the deceased did not sanction his leave, will be an accident for compensation.

State of Mnharashtra v. Arti Ashok Kapshikar, 2008 LLR 1052 (Born He).

• When the watchman was found lying dead, it will be an accident for payment of compensation.

Indian Iron and Steel Company Ltd. v. Bhim Mnya Chettri, 2009 LLR 46 (Cal He).