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Question
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.
Options
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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Solution
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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