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GITA GOPI
Employees State Insurance Corporation – Appellant
Versus
Ankur M. Kulkarni (Minor) Through Sangetaben M. Kulkarni – Respondent
JUDGMENT :
(Gita Gopi, J.)
1. The appeal is filed by the Employees State Insurance Corporation under Section 82 of the Employees State Insurance Act, 1948 (for short ‘ESI Act’) being aggrieved by the judgment dated 29.1.2008 passed by the Employees State Insurance Court, Ahmedabad (ESI Court) in ESI Application no.52 of 2004.
2. The appellant is an establishment of Central Government and has raised the ground that the impugned judgment and order is illegal, arbitrary, oppressive, unreasonable, unjustified and also discriminatory, along with the ground that the judgment and order is contrary and in total disregard to the vital oral and documentary evidence, to justify the diverse findings which is perverse, and deserves to be set aside.
3. Facts of the case reflects that deceased Mahesh Kulkarni was working as a Helper in Arvind Mills Ltd. On 9.2.2004, after the working hours of the employment, while going towards his home, at the gate of premises of Arvind Mills, he fell down with the scooter and received injury on the head.
4. Advocate Mr. Sachin Vasavada for the appellant submitted that the deceased was not in actual work of his service, at the time when he met with an accident, wh
The court affirmed that injuries sustained in the course of employment, even outside regular hours, qualify for dependents' benefits under the E.S.I. Act.
Phrase ‘accident arising out of and in course of his employment’ occurring in Section 3 of EC Act will include accident occurring to an employee while commuting from his residence to place of employm....
The burden of proving an accident during the course of employment lies with the claimant, and the journey from the workplace to home for a lunch break is not considered in the course of employment.
The court held that claims under the Motor Vehicles Act are maintainable even if the deceased was covered under the Employees' State Insurance Act, provided the injury is not an 'employment injury'.
Commuting to work encompasses journeys undertaken for rest purposes that are directly connected to employment, thus qualifying as 'employment injuries' under ESSA.
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.
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