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2017 Supreme(SC) 1031

R.K.AGRAWAL, MOHAN M.SHANTANAGOUDAR
Daya Kishan Joshi – Appellant
Versus
Dynemech Systems Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :- Jinendra Jain, Advocate.

JUDGMENT

Mohan M. Shantanagoudar, J.

Leave granted.

2. The judgment dated 23rd April 2014 passed in FAO No. 349 of 2011 by the High Court of Delhi is called in question in this appeal by the unsuccessful claimants. By the impugned judgment, the High Court has confirmed the award passed by the Commissioner under the Employees' Compensation Act, 1923 (Known earlier as the Workmen's Compensation Act, 1923 until 2009) (for brevity "the Act") dismissing the claimants' petition on the ground that the accident cannot be said to have arisen out of and in the course of employment.

3. Records reveal that the deceased workman Shri Ravi Shekhar Joshi, son of the appellant, was employed with respondent (Dynemech Systems Pvt. Ltd.) as an engineer. He was entrusted with the duty to be in the field for promoting the sales/installation of the products of the respondent. On the unfortunate day of the accident, i.e., 08.09.2007, the deceased and his co-worker Shri Vikas (who was also employed as an engineer/sales executive) were deputed to test a filter which was installed on 07.09.2007 at Hero Honda Factory, Dharu Heda, Haryana. Accordingly, both of them went from Delhi and checked the filter installed

















































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