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Labour Legislations
Notes (iii) Accident: The expression "accident" has not been defined in the Act. It means only unexpected
mishap, toward event, or consequence brought about by some unanticipated or undersigned
act, which could not be provided against. Whether a particular occurrence is an accident or
not, it must be looked upon not only from the point of view of the person who causes it but
also from the point of view of the person who suffers it.
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Caution Arising out of and in the course of employment
The expression "arising out of" suggests the cause of accident and the expression "in the
course of" points out to the place and circumstances under which the accident takes place
and the time when it occurred. A causal association between the injury by accident and
employment is necessary. The onus is on the claimant to prove that the accident arose out
of and in the course of employment. The employment should have given rise to the
circumstances of injury by accident. A direct connection between the injury caused by an
accident and the employment of the workman is not always essential. Arising out of the
employment does not mean that personal injury must have resulted from the mere nature
of employment and is also not limited to cases where the personal injury is referable to
the duties which the workman has to discharge. The words 'arising out of employment'
are understood to mean that during the course of the employment, injury has resulted
from some risk incidental to the duties of the service which unless engaged in the duty
owing to the master, it is reasonable to believe the workman would not otherwise have
suffered. There must be a causal relationship between the accident and employment. If the
accident had occurred on account of a risk which is an incident of the employment; the
claim for compensation must succeed unless of course the workman has exposed himself
to do an added peril by his own imprudence. This expression applies to employment as
such, to its nature, its conditions, its obligations and its incidents and if by reason of any of
these, a workman is brought without the zone of special danger and so injured or killed,
and the Act would apply. The employee must show that he was at the time of injury
engaged in the employer's business or in furthering that business and was not doing
something for his own benefit or accommodation. The question that should be considered
is whether the workman was required or expected to do the thing, which resulted in the
accident, though he might have imprudently or disobediently done the same. In other
words, was the act which resulted in the injury so outside the scope of the duties with
which the workman was entrusted by his employer as to say that the accident did not arise
out of his employment.
The course of employment refers to the period of employment and the place of work. It is
neither limited to the period of actual labour nor includes acts necessitated by the workman's
employment. An injury received within reasonable limits of time and space, such as while
satisfying thirst or bodily needs, taking food or drink is to be regarded as injury received
in the course of employment.
9.3 Concepts Governing Compensation
The purpose of the Workmen's Compensation Act is not to provide for solatium to the workman
or his dependents but to make good the actual losses suffered by him. Compensation is in the
nature of insurance of the workman against certain risk of accident. The rule, that in order to
make the employer liable to pay compensation, death or injury must be the consequence of an
accident arising out of and in the course of his employment.
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