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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA
Fiza Kausar, W/o Late Khaja Ali Khan – Appellant
Versus
N. Narayanaswamy, S/O Narayanappa – Respondent
JUDGMENT :
Umesh M. Adiga, J.
This appeal is filed by the claimants under Section 30 (1) of Employee's Compensation Act, 1923 (for short, 'the Act'), challenging the correctness of the order dated 3rd March 2020, passed by the IX Addl.Small Causes and C/c. XXII Addl.Small Causes Judge and MACT, Bengaluru (SCCH-24), (for short, 'Commissioner'), in ECA .No.162/2016.
2. For the sake of convenience, the parties are referred to as per their ranking before the Commissioner.
3. The brief facts of the case of the claimants are that, the claimants being the wife and minor children of one Khaja Ali Khan, an employee of respondent No.1, filed the claim petition before the trial Court under Section 22 of the Employees's Compensation Act, for awarding of compensation, due to the death of said Khaja Ali Khan during the course of his employment on 31.08.2016 at Gandiguda Village of Shamshabad Mandal, Ranga Reddy District, Telangana State, on National Highway No.44.
4. After contest, the said claim petition was allowed by the Commissioner and awarded an amount of Rs.7,93,240/- along with interest at the rate of 12% p.a. from expiry of one month from the date of accident, till its realisation. It was
The doctrine of notional extension of employment applies, entitling claimants to compensation even during incidental acts like attending to nature's call, confirming employer and insurer liability.
Insurers may be liable under Workers’ Compensation Act even if the accident does not involve the insured vehicle, based on notional extension principles.
Accidents occurring during the course of employment, regardless of the vehicle used, are compensable under the Employees' Compensation Act, emphasizing employer liability and the relevance of the not....
The main legal point established in the judgment is the requirement for connectivity between the accident and the employment or the insured vehicle to grant compensation under the Workmen Compensatio....
The court affirmed that an employee's accidental death during commute can be deemed to arise out of employment under the doctrine of notional extension, impacting liability and compensation assessmen....
The court established that an employee's fatal accident during commute can be deemed to arise out of employment under the notional extension doctrine, warranting compensation based on actual wages.
The judgment establishes the principle that an accident must arise both 'out of' and 'in the course of employment' and considers the concept of 'notional extension' of employment.
Employer's liability to pay as per Commissioner's award and the same varied between wages actually drawn by deceased employee and wages shown by employer as payable to employee for purpose of payment....
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