When the helper of the vehicle died due to hit by unknow vehicle while crossing road on instruction of driver to take tiffin, would amount to accident arising out of and in the course of employment making dependents entitled for compensation. - THE EMPLOYEES COMPENSATION ACT, 1923
Words ‘arising out of employment’ mean that during the course of employment, injury resulted from risk incidental to duties of the workman i.e. unless on duty owed to employer, it is reasonable to believe that workman would not otherwise have suffered. By applying doctrine of notional extension, to the fact’s scenario, accident occurred in the course of and during the course of employment of the deceased, entitled the claimants to compensation under the Act. Claimants are entitled to interest (a), 12% annum that too from the date of accident.
-Senior Divisional Manager, National Insurance Company Ltd. vs. Shaibarani Mohanta & Ors 2019
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