When death caused due to accident while returning after completing the work of employer, it was nature of his employment which made it necessary for him to be there at the place of accident, thus such accident would amount to be caused in the course of em - The Employees’ Compensation Act, 1923
When the nature of his employment makes it necessary for employee to be at place of accident, it would be construed that the accident took place in the course of employment. When the accident has a casual connection with the employment, it must be taken to have taken place in the course of employment. If the injury has resulted from some risk incidental to the duties of service, it is reasonable to believe that the employee would not otherwise have suffered. Employment does not necessarily end when the "down tool" signal is given or when the workman leaves the actual workshop, but there is national extension at both the entry and exist by time and space depending on the circumstances of each case. “Out of or in the course of employment” can only be determined on a case to case basis. The words "out of employment involve the idea that the accident arises; out of risk incidental to the employment.
-Daya Kishan Joshi & Anr. vs. Dynemech Systems Pvt. Ltd. 2017 (S.C)
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