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SANJAY KUMAR DWIVEDI
Steel Authority of India Ltd. – Appellant
Versus
Prafulla Devi, wife of Late Bhadru Mahto – Respondent
JUDGMENT :
Heard Mr. Bibhash Sinha assisted by Mr. Ankit Vishal, learned counsel for the appellant and Mr. Nikhil Ranjan, assisted by Jay Mohan Mishra, learned counsel for the respondents.
2. Aggrieved with judgment and award dated 09.09.2015 passed by learned Presiding Officer, Labour Court-cum-Commissioner, Employees Compensation, Bokaro, in E.C. Case No. 03/2010 whereby the learned commissioner has been pleased to direct the appellant to pay compensation of Rs. 2,42,100/- along with simple interest @ 12% per annum w.e.f. 01.12.2007 till the date of payment.
3. The claimant who is wife of Bhadru Mahto has filed the claim before the Employees Commissioner, Bokaro on account of death of her husband. It is stated that late Bhadru Mahto, the husband of the claimant met with an accident on 01.12.2007 at about 17: 15 A.M., while he has left the house to join the services of the opposite parties about 7.00 A.M. It is further case that the deceased was travelling in a scooter and has got head injuries for which U.D. Case No. 15/2007 was registered. During the investigation of said U.D. Case, the police has collected evidence that the deceased Bhadru Mahto has left the house for the purpose
The central legal point established in the judgment is the entitlement to compensation under the Employees' Compensation Act, 1923, despite the absence of a notional extension of the workplace, as lo....
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 compensa....
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 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.
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