Page 236 - DMGT516_LABOUR_LEGISLATIONS

Unit 9: Social Security Legislations

Doctrine of Added Peril Notes

The principle of added peril means that if a workman while doing his employer's work, trade or
business, engages himself in some other work, which he is not ordinarily required to do under
the contract of his employment and which act involves extra danger, he cannot hold his master
liable for the risk arising there from. The doctrine of added peril, therefore, comes into play
only when the workman is at the time of meeting the accident performing his duty.

Doctrine of Notional Extension

Ordinarily a man's employment does not begin until he has reached the place where he has to
work and does not continue after he has left the place of his employment. The period of going to
or returning from employment are generally excluded and are within the course of employment.
Traveling to and from is prima facie not in the course of employment. But there may be reasonable
extension in both the time and place and a workman may be regarded as in the course of his
employment even through he had not reached or had left his employer's premises. The sphere
of a workman's employment is not necessarily limited to the actual place where he does his
work. If in going to or coming from his work he has to use an access which is part of his
employer's premises, or which he is entitled to traverse because he is going to or coming from
his work, he is held to be in his master's business while he is using that access.

Doctrine of Contributory Negligence

Contributory negligence is not ground under the Act for reducing the amount of compensation,
if the accident has arisen in the course of employment. A workman, an employee in a saw mill
received injuries on his finger, was given treatment by the employer and re-employed. Later on,
the injury developed into tetanus and the workman dies, due to negligence. It was held that
compensation payable to the widow cannot be reduced on the ground of contributory negligence.
An injury caused by accident which could have been anticipated or foreseen or is brought about
intentionally or negligently by the workman himself does not make the master liable, for it
cannot be termed as an injury by accident within the terms of the Act. Accident means any
unintended and unexpected occurrence, which produces hurt or loss. If the mishap was designed,
intended or anticipated, it is self-inflicted injury and not an injury caused by accident.

9.4 Penalties

1. Whoever
(a) fails to maintain notice-book, which he is required to maintain under sub-section (3)
of section 10 pertaining to notice of claim; or
(b) fails to send to the Commissioner a statement which he is required to send under
sub-section (1) of section 10A pertaining to powers of the Commissioner required
from an employer statement regarding fatal accident;
(c) fails to send a report which he is required to send under section 10B pertaining to
report of fatal accidents and serious bodily injuries;
(d) fails to make a return which he is required to make under section 16, shall be
punishable with fine, which may extend to five thousand rupees.

2. No prosecution under this section shall be instituted except by or with the previous
sanction of a Commissioner, and no court shall take cognizance of any offence under this

LOVELY PROFESSIONAL UNIVERSITY 231