AI Overview...
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Returning Home & Course of Employment - Several cases establish that accidents occurring while an employee is returning home can be considered as arising out of and in the course of employment, especially when the return is within the scope of employment duties or involves a 'notional extension' of employment. For instance, the case involving Dhannu @ Dhanesh Mishra (01000006956) confirmed that a road accident during return travel, linked to employment, justifies insurance compensation. Similarly, the case of Sekar (02100064001) emphasized that accidents during return travel can be deemed within the course of employment if they are connected to the employment duties or the 'notional extension' doctrine is applied Man Branch Manager, the Oriental Insurance Company Ltd. VS Visheshwar Mishra - Chhattisgarh, New India Assurance Company Limited VS Tmt. S. Jayanthi - Madras.
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Notional Extension & Doctrine of 'In the Course of Employment' - Courts often apply the doctrine of 'notional extension' to determine if return travel accidents are covered. This doctrine considers whether the employee's journey, although outside working hours, was still linked to employment activities or responsibilities, thus extending the scope of employment beyond the workplace. The case involving the employee injured while returning from lunch (02100130887) illustrates that injuries sustained during the return journey after work or lunch break can be considered as occurring in the course of employment if the journey is related to employment duties.
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Limitations & Exceptions - Some cases clarify that not all injuries during return travel qualify. For example, injuries occurring during unauthorized or wrongful acts (01701977001) or when the employee is engaged in personal activities unrelated to employment may not be covered. The case involving the employee injured while returning from a personal spree (01701977001) highlights that the employer or government is not liable if the injury occurs outside the scope of employment.
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Legal & Statutory Framework - Under the Workmen’s Compensation Act and related laws, accidents during the return journey can qualify if they are linked to employment, either directly or through the 'notional extension' principle. The case of the employee who died while returning home after work (01500012780) confirmed that such accidents are compensable if they are deemed to have arisen during the course of employment.
Analysis and Conclusion:
The consensus across various judgments is that accidents occurring during the employee's return home can be considered as arising in the course of employment, particularly when the journey is a 'notional extension' of work duties or falls within the scope of employment responsibilities. However, this is subject to the specifics of each case, including whether the injury was related to employment activities and whether the journey was authorized or incidental to employment. Courts tend to favor a broad interpretation to include return travel within employment scope, especially under statutory provisions like the Workmen’s Compensation Act, provided the injury is connected to employment duties or circumstances Man Branch Manager, the Oriental Insurance Company Ltd. VS Visheshwar Mishra - Chhattisgarh, New India Assurance Company Limited VS Tmt. S. Jayanthi - Madras, Regional Director Employees State Insurance Corporation VS Chinnathambi - Madras, E. S. I. CORPORATION VS LAKSHMI - Kerala.
References:
- Man Branch Manager, the Oriental Insurance Company Ltd. VS Visheshwar Mishra - Chhattisgarh
- T. RAJAPPA VS EMPLOYEES STATE INSURANCE CORPORATION - Karnataka
- Dalbir Lal VS State - Current Civil Cases
- UOI VS Ram Chander Decd. Thr. LR Maina Devi - Delhi
- M. Bhavaraju, the proprietor, Asoka (Opposite Party) Talkies, Rajahmundry VS Y. Savitri. w/c Y. Papa Rao - Andhra Pradesh
- Regional Director Employees State Insurance Corporation VS Chinnathambi - Madras
- E. S. I. CORPORATION VS LAKSHMI - Kerala
- Premwati Soni Jain VS State of Rajasthan - Rajasthan
Search Results for "When Employee is Returning Home is Also a Course of Employment"
2012 0 Supreme(Chh) 315 • India - Chhattisgarh
I.M.QUDDUSI, GULAM MINHAJUDDIN
insurance company to pay compensation for the death of an employee due to an accident arising out of and in the course of employment ... Fact of the Case: The case involved the death of an employee, Dhannu @ Dhanesh Mishra, in a road accident while returning ... the course of employment, justifying the liability of the insurance company to pay compensation. ... deemed to have arisen during the course of employment. ... At the rele....
1991 0 Supreme(Kar) 516 • India - Karnataka
M.RAMA JOIS, K.J.SHETTY
assailants while returning home from work, resulting in grievous injuries. ... out of and in the course of employment. ... by the accident, as well as the application of the doctrine of 'notional extension' of employment in determining the course of employment ... of and in the course of employment. ... out of and in the course of employment. ... It was admitted that the claimant is an e....
• India - Current Civil Cases
SERVESH KUMAR GUPTA
said to be caused by accident arising out of and in the course of his employment. ... claimed compensation under Workmen’s Compensation Act on plea that he met with accident while returning from work place to his home—He ... of employment—To reach at workplace and to arrive to his residence after working hours were over was responsibility of employee ... of and in the course of his employment. ... Francis De Costa and another”, reported in AIR 1997 S....
2014 0 Supreme(Del) 350 • India - Delhi
VALMIKI J.MEHTA
cannot be said to have happened in the course of employment to make the appellant-Union of India liable - Commissioner has erred ... transportation - Appellant had sought to conceal the fact that he was not injured at his working place, but he was injured while returning ... in condoning the huge delay of over 10 years and 6 months - Bland assertion of the employee that he was a layman cannot be accepted ... A workman is not in the course of his employment from the moment he leaves his....
1975 0 Supreme(AP) 225 • India - Andhra Pradesh
P.RAMACHANDRA RAJU
WORKMEN'S COMPENSATION - ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT - EMPLOYEE ASSAULTED AND KILLED WHILE RETURNING ... Papa Rao, an employee of Asoka Talkies, was assaulted and killed while returning home from work. ... of employment, as the deceased was returning home only to take his food during the interval and was attacked and killed while returning ... An employment#HL....
2018 0 Supreme(Mad) 3557 • India - Madras
S.RAMATHILAGAM
it has been clearly stated that employee had gone out for lunch and while was returning home received some injury and resulting ... for lunch and go back for work - As usual said went home and after taking his lunch he was returning in his motorcycle to his company ... in tetanus and ultimately he died - Unless an employee established that injury was caused on its horizon in employment he cannot ... In this case also it has been clearly stated that t....
1978 0 Supreme(Ker) 159 • India - Kerala
P.NARAYANA PILLAI, GEORGE VADAKKEL
Employment Injury - Employees' State Insurance Act - S.51C, S.51A - The court discussed the concept of 'in the course of employment ... Fact of the Case: The insured, an employee, met with an accident and died while traveling home from work. ... and presuming that it also arose out of his employment. ... 'course of employment'. ... A workman is not in the course of his employment#HL_EN....
1976 0 Supreme(Raj) 144 • India - Rajasthan
M.L.JAIN, A.P.SEN
Held, Govt. is not liable(c) Motor Vehicles Act, 1939- Sec. 110 - The presumption, that driver is acting in the course of employment ... (b) Motor Vehicles Act, 1939—Sec. 110— Govt. driver while returning with vehicle from workshop going spree and giving lifts to third ... (d) Moter Vehicles Act, 1939- Sec. 110— Servants act unauthorised and wrongful not connected with employment— Held, master is not ... The distinction is brought out by Street on Law of Torts, 5th Ed. p. 429 stating, where giving a lift to hitch-hikers ....
2003 0 Supreme(Kar) 758 • India - Karnataka
K.L.MANJUNATH
during the course of employment and consequently, the Insurer is liable. ... Manjunath, J.] - In the instant case, this is a case of an accident arising out and during the course of employment. ... and after performing pooja, the deceased and other co-employees were returning home and at that point of time, the accident occurred ... occurred during the course of the employment. ... and other co-employees were #HL_S....
2011 0 Supreme(Mad) 2997 • India - Madras
C.S.KARNAN
, died in a road accident while returning from work. ... out of and in the course of employment - Liability of insurance company Fact of the Case: The deceased Sekar, a labourer ... work to establish the notional extension of employment, leading to the finding that the accident arose out of and in the course ... As such it was contended that the accident did not happen during the period when the (deceased) Sekar was doing his duty during the course of his employment ....
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