The central legal point established in the judgment is the application of the notional extension theory and the concept of 'arising out of and in the course of employment' in determining the compensability of an employee's death under the Employee’s Compensation Act, 1923.

ORDER :

1. This appeal has been admitted on the following substantial question of law:-

“Whether the Labour Commissioner for Employees Compensation was justified in dismissing the claim petition preferred by the claimants on the ground that the death of deceased – Mansingh took place not arising out of and in the course of his employment?”

2. This appeal has been preferred by the appellants/claimants against the order/award passed on 19.05.2015 by the learned Commissioner for Employee’s Compensation cum Labour Court, Bilaspur (C.G) in Case No. 114/WC Act/Fatal claim/2007, whereby the claim case has been dismissed.

3. Facts of the present case, are that appellant No. 1 is the wife of the late Mansingh Khande, whereas appellants No. 2 to 4 are daughters and sons and appellants No. 5 and 6 are the mother and father of the deceased. The appellants filed a claim case under Section 10 of the Employee’s Compensation Act, 1923, on account of the death of Mansingh Khande. Mansingh Khande was employed as a salesman in Welcome Distillery, Chherkabandha, Village Nevra and he was getting Rs. 3,050/- salary per month. On 08.05.2006, when the deceased was returning to his house, after completing his duty, he dashed a standing tree and, consequently, succumbed to injuries. The claimants claimed a sum of Rs. 4,07,700/- as compensation along with interest @ 18% per annum. The respondent authorities filed the written statement and denied the contents of the claim and stated that the workman had not died during the course of employment; therefore, the employer is not liable to pay any compensation.

4. Learned Commissioner framed issues and held that no information was given by the deceased to the superior authority to leave the headquarters and the deceased did not die during the course of employment. The learned Commissioner further held that at the time of death, the age of the deceased was around 32 years and he was getting Rs. 3050/- per month, but he is not entitled to get compensation as the deceased did not expire out of and during the course of employment.

5. Learned counsel for the appellants/claimants submits that undisputedly, the deceased was working under the respondents and this fact is evident from the written statement as well as the evidence of the respondents. He would further argue that the deceased was returning to his home, after completion of his duty and it was his routine practice and no residential quarter was provided to the deceased in the factory premises. He would also argue that as per the notional extension theory, the compensation is to be paid to the workers in case of an accident during the course of employment, but the actual cause of adopting this theory was to include within its scope, the injury and danger originated due to employment but not necessarily at the workplace, during working hours or while coming or going to the place of work; thus, the learned Commissioner has committed an error of law in holding that the deceased employee is not entitled to get compensation.

6. On the other hand, learned counsel for the State would oppose. Mr. Dinesh Kumar Tiwari would submit that there are findings recorded by the learned Commissioner that the deceased was a Government employee and a sum of Rs. 18,300/- was given as an ex-gratia immediately after the death of the deceased by the department. He would further argue that a compassionate appointment has also been given to the wife of the deceased on the post of Shikshakarmi and she is posted at Government Primary Boys School, Ganiyari, District- Bilaspur (C.G), therefore, the learned Labour Commissioner has rightly dismissed the claim case.

7. I have heard learned counsel appearing for the parties and perused the records.

8. From a perusal of the records, it is quite vivid that the deceased (Mansingh Khande) died on 08.05.2006 while he was returning to his home from factory premises as he dashed a standing tree and sustained grievous injuries. Claimants as well as responde