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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. G. CHAPALGAONKAR, J.
Managing Director, Natural Sugar & Allied Industries Ltd. – Appellant
Versus
Manisha, w/o. Ramdhan Jadhav – Respondent
JUDGMENT:-
1. The appellant impugns judgment and order dated 08.05.2023 passed by Commissioner for Employees Compensation and Judge Labour Court at Latur in Application (W.C.A.) No.111/2017. The respondent no.1 has also filed Cross Objection assailing findings of Commissioner recorded in impugned judgment. (Hereinafter, parties are referred to by their original status for the sake of convenience and brevity).
2. Brief facts of case are as under:
The respondent no.1/original claimant instituted proceeding before Commissioner for Employees Compensation and Judge Labour Court at Latur contending that her husband Ramdhan Jadhav was retired soldier. He was appointed as watchman at Natural Sugar and Allied Industries Ltd, Sai Nagar, Ranjani, Tq. Kalamb, Dist. Osmanabad. He was getting monthly salary of Rs.11,351/-. On 10.05.2016, he was assigned night duty. On 10.05.2016, when he was proceeding towards Sugar Factor on motorcycle bearing Registration No.MH-24-L-0805, another motorcycle bearing Registration No.MH-29-AP-9511 gave forceful dash to motorcycle of deceased. Due to such accident, he suffered fatal injuries and took his last breath on 17.05.2016. The accident was reported to police
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 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....
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....
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.
An injury is compensable if it arises out of and in the course of employment, establishing a causal connection between the accident and the workman’s duties.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
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