If the accident happens in the company provided vehicle, irrespective of the location and time it is known as the employment injury as per EC Act and ESI Act. In order to establish it as during the course of and in connection with employment there is no need of applying the doctrine of notional extension. It is well settled that when a workman is on a public road or on a public transport he is there as any other member of the public and is not there in the course of his employment unless the very nature of his employment makes it necessary for him to be there. The verdict from Supreme Court in 1958 in Saurashtra Salt Manufacturing Co. v. Valu Raja,AIR 1958 SC 881, (1958) IILLJ 249 SC was similar to this. But most of the later directions were accepting the doctrine of notional extension. For example, Sadgunaben Amrutlal and Ors. V The Employee’s State Insurance [(1981)22GLR773], Superintending Engineer, T.N.S.E.B v. Sankupathy (T. M. T.), 2004 (pertains to Employees Compensation)
I personally have had three or four instances wherein the injured have been awarded compensation by the ESI Corporation. Of this one is a death case, and the dependent parents are getting pension every month. Therefore, I strongly believe that notional extension applies to accidents happened in public places and public transport also.
From India, Kannur
4242I personally have had three or four instances wherein the injured have been awarded compensation by the ESI Corporation. Of this one is a death case, and the dependent parents are getting pension every month. Therefore, I strongly believe that notional extension applies to accidents happened in public places and public transport also.
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Construction Accident.zip
Accident report1.doc
IS 3786 ACCIDENT CLASSIFICATION. pdf