Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER
Taradevi Rajkumar – Appellant
Versus
Keyur Ispat Limited – Respondent
| Table of Content |
|---|
| 1. overview of the case and contribution of the deceased. (Para 1 , 2) |
| 2. arguments for and against the claim. (Para 3) |
| 3. assessment of employment context and accident circumstances. (Para 4 , 7 , 8 , 9) |
| 4. application of court's reasoning on employment extension and outcome. (Para 10) |
| 5. conclusion allowing the appeal based on findings. (Para 11 , 12 , 13) |
JUDGMENT :
1. The present appeal is filed under section 30 of The Workmen’s Compensation Act, 1923, challenging the judgment and order dated 09.04.2024 passed by the learned Commissioner under The Workmen’s Compensation Act, 1923 at Gandhidham, District Kutch in Fatal Application No.7 of 2014 wherein, the application filed by the present appellant seeking compensation of Rs.10,58,950/- came to be rejected.
3. Heard learned advocate Ms.Laksha Bhavnani for the appellant and learned advocate Ms.Dimple Thaker for the respondent.
3.2. Per contra, learned advocate Ms.Dimple Thaker appearing for the opponent submits that the accident had occurred when the deceased had completed his duty and was at his own quarter. It is submitted by learned advocate Ms.Dimple Thaker that in any manner it cannot be said that during the course o
The court held that employment extends beyond the workspace, covering accidents at employer-provided quarters, thus allowing compensation claims necessitated by work-related injuries.
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.
For an injury to be compensable, it must arise both out of and in the course of employment, and there must be a causal relationship between the accident and the employment.
The main legal point established in the judgment is the interpretation of the Workmen's Compensation Act to provide financial protection to workmen and their dependents in case of accidental injury, ....
The central legal point established in the judgment is the interpretation of 'arising out of and in the course of employment' under the Workmen's Compensation Act, 1923, and the emphasis on a liberal....
The main legal point established in the judgment is the determination of the employer-employee relationship and the entitlement to compensation under the Workmen's Compensation Act.
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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
