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If an accident causing death doesn't occur during the course of employment, dependents would not be entitled to any compensation. - The Employees’ Compensation Act, 1923

lf an accident/mishappening causing injuries to the employee resulting into his death has not taken place during the course of his employment, he or his dependants would not be entitled to claim any compensation from his employer under Employees' Compensation Act, 1923.

Finding of the lower court/Employees' Compensation Commissioner are not sustainable if the same are not supported by reasoning with reference to the documentary evidence and necessary discussion.

When FIR filed, on the complaint of the claimant itself, is silent about the alleged factum of accident, place of accident, cause of accident etc. as detailed in the claim petition or the FIR discloses different facts, it would stand established that the accident did not take place during the course of employment. If the facts of FIR are different from that of the legal notice sent by the claimant, then also it would stand established that the accident did not take place during the course of employment.

-ITD Cementations Ltd. vs. Commissioner, Employees' Compensation & Ors. 2017 LLR 793 (Delhi H C.)

The Employees Compensation Act,1923

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