Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employee’s Compensation Act 1923 Theory of notional extension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employee’s Compensation Act, 1923 (8 of 1923) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Employee’s Compensation Act, 1923: Theory of notional extension – Victim-deceased was a truck driver – On 11 June 2003, he was driving truck of respondent no.2 from Ambala to Meerut, a distance of 200 Kms – At about 12.30 p.m., he stopped the truck near bridge to fetch water from the canal and also to have bath when he slipped into the canal and died – PW-2 standing near bridge tried to save him but he also slipped in the canal and could not save the deceased – Workman Commissioner granted compensation to LRs of the deceased – However, High Court held that death did not arise out of the employment but was at the peril of the workman as he had gone to fetch water for his personal consumption and it was not case that the truck was over heated – On appeal, held: The deceased was driving the truck of respondent no.2 from Ambala to Meerut – Indisputably he was in the course of his employment – The cabin of the truck was not air conditioned and it would have been a baking oven in the middle of the afternoon in the sultry monsoon heat of June 2003, when the temperature was touching 42.60C in Yamunagar (Haryana) – It was a compulsion for the deceased to stay fresh and alert not only to protect the truck from damage but also to ensure a smooth journey and protect his own life by safe driving – The possibility of the truck also requiring water to prevent overheating could not be completely ruled out – In such circumstances, it cannot be said that the act of the deceased in going to the canal to fetch water for the truck and to refresh himself by a bath before continuing the journey was not incidental to the employment – Every action of the driver of a truck to ensure the safety of the truck belonging to the employer and to ensure his own safety by a safe journey for himself has to be considered as incidental to the employment by extension of the notional employment theory – The application of the theory of notional extension will therefore apply in the facts of the instant case – Order of Commissioner is restored. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 291 |
Petitioner | Poonam Devi And Others |
Respondent | Oriental Insurance Co. Ltd. |
SCR | [2020] 4 S.C.R. 922 |
Judgement Date | 2020-03-06 |
Case Number | 1836 |
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