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In this Question Problem Consists of a Set of Rules and Facts. Apply the Specified Rules to the Set of Facts and Answer the Question. in Answering the Following Question - Legal Reasoning

Question

MCQ

In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. 

Rules 
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.

Facts Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. Select the statement that could be said to be most direct inference from specified facts:

Options

  • The injury to Aashish Mathew did not arise in the course of employment as he was not rolling bidis at the time when he was hit by the car.

  • Since the Ashish Mathew is a contracted pattadar with the Company, it shall be presumed that the injury was caused by an accident in the course of employment.

  • Since there was no relationship of employment between Aashish Mathew and the Company, the injury suffered by Aashish Mathew could not be held to be one arising in the course of employment' notwithstanding the fact that the concerned injury was caused while he was involved in an activity incidental to his duties.

  • As the concerned injury was caused to Aashish Mathew while he was involved in an activity incidental to his duties, the injury did arise in the course of employment.

Solution

The injury to Aashish Mathew did not arise in the course of employment as he was not rolling bidis at the time when he was hit by the car.

Concept: Indian Penal Code (Entrance Exams)
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