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प्रश्न
This question consists of principles and facts. The principal may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering the question, you must not rely on any principle except the principle that is given hereinbelow for the question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Under the Employees Compensation Act, 1923, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.
Facts: M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labour Office. ‘S’ submitted the report as directed. On his way back S met one of his classmates. He then decided to have a cup of tea together at a wayside restaurant. Sometime later, ‘S’ got a message from his office to report back as it was a long time since he left the office. ‘S’ rushed back on his Motor Cycle. On his way back a Truck that was coming from a side road hit ‘S’. H e was admitted to a nearby hospital with multiple injuries. He claims compensation under the Employees Compensation Act from his employer.
पर्याय
The Employer is liable as S had to rush back to the office, because of the message from the office.
The Employer is not liable as the truck driver was negligent.
The Employer is not liable as he was admitted to a private hospital and not a Government Hospital.
The Employer is liable to pay compensation as the accident took place arising out of and in the course of employment.
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उत्तर
The Employer is liable to pay compensation as the accident took place arising out of and in the course of employment.
Explanation:
The Employer is liable to pay the compensation as the accident took place arising out of and in the course of employment. 'S' had gone to the Government Labor Office to submit a report and after receiving a message to return back to the office, he suffered from an accident. This happened during the course of employment as he had gone to the Labor Office on the direction of the Manager and was returning back to SRK Industries. (Ramrao Zingraji Shende vs Indian Yarn Manufacturing 1994 ACJ 916, (1992) 94 BOMLR 596, 1992 (65) FLR 1055, (1993) ILLJ 442 Bom, 1993 (1) MhLj 23)
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संबंधित प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
Principle: A master is liable for the acts committed by his servant in the course of employment.
Fact: Sanjay is a driver working in Brookebond and co. One day, the manager asked him to drop a customer at the airport and get back at the earliest. on hiS way back from the airport, he happened 10 see his fian~ Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence or Sanjay. Ruhina was thrown out of the car and suffered multiple in Juries. She seeks compensation from Brookebond and Co.
What is a moot'?
Principles:
• A person is said to abet the doing of a thing when he instigates any other person to do that thing.
• Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
Choose the most appropriate option:
'Audi alteram partem' means
Legal phrase is followed by four meanings. Choose the most appropriate option:
‘Sine die’ means:
Mark the best option:
The word "due process of law" indicates
Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: Necessity knows no law.
Conclusions:
1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.
The following can not be exploited by assigning or by licensing the rights to others.
In the case of railways, a person nominated by the _______________ for the specified area shall be liable for the payment of the wage to the employees.
Responsibility for Payment of wages is covered under section ____ of Payment of Wages Act
